9911796707
TMI Blog1985 (5) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... /s. Cochin Malabar Estate Limited, Cochin, a public limited company incorporated under the Companies Act, inter alia, owned certain rubber estates in the District of Coorg. Under two separate but identical agreements, the assessee purchased the rubber trees standing on the estates for valuable consideration for "slaughter-tapping" them or cut and remove the trees, extract the available natural rubber or "latex" and sell both of them. We are concerned in these cases only with "latex" extracted by the assessee from the trees and sold and its exigibility to tax under the Act. 3.. In assessment or/reassessment proceedings under the Act, the Commercial Tax Officer, Mercara, brought the sale of "latex" by the assessee to tax under the Act. On ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... greements, the nature of the transactions and the relevant provisions of the Act, the Commissioner relying on certain rulings of the Madras and Kerala High Courts, to which we will also refer later, has found that the sale proceeds from "latex" were sales exigible to sales tax under the Act. We are of the view that the reasoning and conclusion of the Commissioner and the Commercial Tax Officer are sound and do not suffer from any error on facts or law. 8.. The rights of the assessee and the nature of transactions must be decided with reference to the agreements entered into by him with the owner of the lands. 9.. Admittedly, the assessee was not the owner of the lands. Under the agreements the assessee secured the right to cut and remove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 973] 31 STC 387 a Division Bench of the Madras High Court dissenting from the view expressed by Venkatadri, J., in Jamal Mydeen's case [1968] 22 STC 45 has followed the view expressed by Ramaprasada Rao, J. (as his Lordship then was), of the same High Court in P.V. Palaniappa Pillai v. Deputy Commercial Tax Officer, Melur [1971] 28 STC 502. We are of the view that for the reasons expressed by the Division Bench in Palaniappan & Co.'s case [1973] 31 STC 387 with which we are in respectful agreement, we find it difficult to subscribe to the views expressed by Venkatadri, J., in Jamal Mydeen's case [1968] 22 STC 45. 13.. On the foregoing discussion, it follows that under contracts of sale, the assessee extracted "latex" and sold the same to o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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