9911796707
TMI Blog1990 (1) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... , etc., holding R.C. No. NIA 1385. The assessments involved are sales tax assessments both under the Bombay Sales Tax Act and the Central Sales Tax Act covering the period from 1st January, 1974 to 30th June, 1975. Exemption from payment of tax was claimed and allowed in respect of transactions amounting to Rs. 15,15,874 as sales in the course of import by the Sales Tax Officer. Subsequently, the Deputy Commissioner of Sales Tax Administration, Bombay, issued a notice in form No. 40 seeking to revise the order of the Sales Tax Officer so as to treat the aforesaid transactions as sales not exempt and liable to tax. The transactions being of one and the same type, one set of copies of documentary evidence in respect of import transactions for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under an obligation to deliver the goods imported to the licence holders only. Under the agreement c.i.f. value of the goods imported was to correspondingly vary on the basis of fluctuation in the exchange rate as and when it took place. The facts herein are stated to be identical to those in the decisions in the cases of Commissioner of Sales Tax v. Hard Castle Waud & Co. Pvt. Ltd. [1976] 37 STC 479, Dean and Webber Mill Stores Company v. State of Maharashtra [1977] 39 STC 161 and Commissioner of Sales Tax v. Metal Distributors Ltd. [1977] 39 STC 212, where this Court held that the imports made by the assessee, an indenting agent, on behalf of the licence holders were imports as agent. Shri Gaitonde thus contended that the sales tax a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve facts, Shri Thakore stated, which would indicate whether the transactions herein were transactions of sale between the assessee and the licence holders or whether the transactions were of import by the assessee as agent of the import licence holders. In this context, the correspondence between the parties, according to him, showed that when the licence holder wrote to the assessee in the years 1971 or 1972, it did not have import licence. The correspondence did not indicate that the assessee was expected to import goods as indenting agent. The price fixed was not at which the goods were to be imported. It was an outright price. The facts that the price could be revised from time to time depending upon the fluctuation in exchange rate and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. The socalled distinguishing features pointed out by Shri Thakore, according to to us, are not material at all for decision in this case. The fact remains that the imports were made by the assessee under user's licences in the name of and for the licence holders under letters of authority. The letters of authority clearly indicated that the goods were and always belonged to the licence holders. The applicants could not make any other use of the goods so imported. There was no possibility of the goods being diverted by the assessee for any other purpose. Thus, at no point of time the applicants could be said to be the owners of and have control over the goods imported. In such a situation, having regard to the decisions of this Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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