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TMI Blog1995 (2) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... d from sales tax? 2.. Whether, under the facts and circumstances of the case, the Board of Revenue is justified in holding that to constitute an export sale effected by transfer of documents of title to the goods after such goods have crossed the customs frontier of India, under the second limb of section 5(1) of the Central Sales Tax Act, 1956, there should be only two parties, i.e., an Indian seller and a foreign buyer?" 2.. The assessee is a public sector undertaking engaged in manufacture of pig iron and steel. The assessee sold steel worth Rs. 72,81,754 through Indian Export houses and pleaded that the sales have been made in the course of export outside the territory of India and were entitled to exemption under section 5(1) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upreme Court in Swaika Oil Mills case [1977] 40 STC 367; AIR 1977 SC 2008; (1978) 11 VKN 1 and the sale was not in the course of export earning exemption under section 5(1) of the Central Sales Tax Act. 5.. The view of the assessing authority was affirmed by the first appellate authority as also by the Board of Revenue (Appellate Tribunal). The Board, at the instance of the assessee, has made a reference to this Court. 6.. Section 5(1) of the Central Sales Tax Act, as it then stood, read as follows: "A sale or purchase of goods shall be deemed to take place in the course of the export of the goods out of the territory of India only if the sale or purchase either occasions such export or is effected by a transfer of documents of title ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first limb of section 5(1) of the Act. The court further held that the title in the goods passed not at the time of shipment, but later when the documents of title changed from the petitioner to the export promoters when the bill of lading was negotiated and payment was received. The first condition of the second limb of section 5(1) that the sale should be effected by documents of title to the goods was satisfied. As regards the second condition in the second limb, namely, transfer of documents of title after the goods crossed the customs frontiers of India, the court held that the matter was not considered and decided by the first appellate authority and accordingly remanded the case. In the latter two cases, this Court held that the Boar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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