9911796707
TMI Blog1977 (11) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... 69-70, 1970-71, 1971-72 and 1972-73. The orders for the first three assessment years are by way of reopening the assessment; and in the last assessment year, the order is one of original assessment. The assesseecompany receives yarns from Messrs. Madura Mills Company Ltd. The yarn supplied is wound round cones. The cones are passed on to the assesseecompany. (We are purposely using the expression ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for yarn agreed between us is consolidated rate including the cost of cones, stiffeners and other packing materials. (vi) You will be given credit for cost of cones, stiffeners, etc., at rates agreed between us as and when returned. (vii) It is agreed that the sale is for actual content of the yarn." These clauses are found set down in the judgment of the Sales Tax Appellate Tribunal. On t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the yarn, without taking into account the value of the cones. No doubt clauses 4 and 7 are to this effect. But, as pointed out by the learned Government Pleader, clause 6 seems unmistakably to indicate that the cost of the cones will be given credit to "as and when" they are returned. As the learned Government Pleader contended, these expressions seem to negative any positive and binding obligat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no application. There, on the facts, the transaction with respect to the bottles was held to be only a deposit and not a sale. There are no grounds to hold so in this case. 4.. Counsel for the assessee raised a point that the assessee can be assessed to sales tax on the turnover or the value of the cones only if it is shown to be a "dealer" in cones. We do not find this point having been dealt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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