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TMI Blog2011 (9) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... Sivaraman, Special Government Pleader (Taxes) for the Appellant/Petitioner/Plaintiff K. Sundareswaran, Adv. for the Respondent/Defendant ORDER Chitra Venkataraman, J:- 1. The Revenue is on revision as against the order of the Tribunal relating to assessment year 1992-93. The following substantial questions of law were raised for consideration:- (i) Whether in the facts and circumstances of the case, the order of the Tribunal upholding the claim of exemption as High Sea Sales under Section 5(2) of the CST Act is legally sustainable. (ii) Whether in the facts and circumstances of the case, the finding of the Tribunal that the sale was effected by transfer of documents of title have been taken place before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Customs Department, the said authority held that High Sea Sales were effected at Chennai Port and the buyers had paid the Customs Duty and the clearing and forwarding agents had cleared the goods. 5. Following the decisions of the Apex Court reported in 107 STC 75 Brijlal Tulsion v. Commercial Tax Officer and 11 STC 186 J.V. Cokal and Company v. Assistant Collector of Sales Tax Inspection and Ors., as well as the decision of the Andhra Pradesh High Court reported in 110 STC 394 Minerals and Metals Trading Corporation of India v. State of Andhra Pradesh, the Appellate Authority came to the conclusion that when the import documents produced revealed that the goods imported were sold on High Sea Sale basis as per the agreement entered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td Hosur 01/K Company/92-93 dated 26.05.1992 ₹ 788314 25.06.1992 2. M/s. Sri Sai Baba Pharmaceuticals Pvt. Ltd., Guindy Chennai-32 03/K/Company/92-93, dated 19.02.1993 ₹ 462500 15.03.1993 8. Going by the abovesaid facts, it is clear that in respect of first purchaser, viz. M/s. Micro Labs Limited, the Bill of Lading dated 5th May, 1992 was endorsed on 26th May, 1992 and in the case of second purchaser, the bill of lading dated 22nd December, 1992 was endorsed in favour of the another purchaser by name M/S. Sri Sai Baba Pharmaceuticals Private Limited on 19th February, 1993. There is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 26th May, 1992 and the date of crossing the Customs Station was given as 25th June, 1992. On the said details available as regards the Bill of Lading and the invoices raised in favour of the ultimate buyer, we have no hesitation in holding that with the title to the goods thus endorsed even before it crossed the Customs Station, the claim of the Assessee could not be denied just based on the Bill of Entry which is admittedly not a document of title. As regards the second Bill of Lading dated 22nd December, 1992 and the invoices of the ultimate purchaser dated 19th February, 1993, even herein too, even before the date of crossing the Customs Station on 15th March, 1993, the Bill of Lading was endorsed in favour of the purchaser. We do n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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