9911796707
TMI Blog1984 (7) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... n respect of which the assessees claimed exemption on the ground that it represented sales in the course of import. In T.C. No. 243 of 1978 the turnover in dispute is Rs. 1,59,477 which, according to the assessees, represented sales in the course of import and as such the said turnover is exempt from tax. The assessing authority, however, disallowed the claim of the assessees in both the cases and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the customers and the letters of authority obtained in their favour by the customers, that the indents placed on the foreign principals were invariably subsequent to the import licences and that there was clear nexus between the manufacturer, import and sale. The Tribunal further stated that the facts of the present cases were similar to those in the decision of the Supreme Court in Deputy Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rough the medium of the assessees. On more or less similar facts the Supreme Court has held in Deputy Commissioner of Agricultural Income-tax and Sales Tax v. Kotak and Company [1973] 32 STC 6 that the sales are to be sales in the course of import and therefore they are exempt from tax. As already stated, the Tribunal not only followed the decision of the Supreme Court in Deputy Commissioner of Ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Supreme Court in Deputy Commissioner of Agricultural Income-tax and Sales Tax v. Kotak and Company [1973] 32 STC 6 and the decision of this Court in State of Tamil Nadu v. I.B.M. World Trade Corporation [1985] 60 STC 118; 1984 Tax LR 2894, we affirm the decision of the Tribunal and dismiss the tax revision cases. There will, however, be no order as to costs. Petitions dismissed. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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