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TMI Blog2014 (2) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Appellate Tribunal was correct in reversing the conclusions of the First Appellate Authority by restoring the turnover (Rs.19,83,463/-) relating to imported "wet blue", when findings of facts recorded by the First Appellate Authority were not disturbed? 2. Whether on the facts and circumstances of the case, in the light of the categorical findings given by the Appellate Tribunal, the conclusion arrived by it that the petitioner is liable for sales tax on the differential turnover of Rs.19,63,463/- (out of Rs.52,33,463/-) solely based upon the "approximate value" incorporated in Form XX, that accompanied the goods for the purpose of transportation within the State, when there was no sale effected by it?" 2. The assessee herein impor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n supplier read as "Kindly help me to sell out the stock lying at your tannery". Thus the Officer viewed that the import transaction had ended with the assessee itself and just to accommodate the foreign sellers, the assessee had acted as a principal/agent and sold the goods to M/s.Munasser Leather Private Limited and the turnover was assessed under the provisions of the Tamil Nadu General Sales Tax Act, 1959. 3. Aggrieved by this, the assessee went on appeal before the Appellate Assistant Commissioner, who accepted the case of the assessee and held that the invoices revealed that the assessee was only a customer and the transactions went through by transfer of documents through the Bank. None of the documents showed that the assessee acte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of entry and bill of lading and approval of the ultimate buyer. The Sales Tax Appellate Tribunal further affirmed the view of the Appellate Assistant Commissioner that on instructions of the supplier, the assessee handed over the goods to M/s.Munasser Leather Private Limited and had not received any consideration. Thus, even though the Sales Tax Appellate Tribunal accepted this, it further pointed out that the approximate value of goods transferred to M/s.Munasser Leather Private Limited was to the tune of Rs.32,50,000/-. In the circumstances, the Tribunal came to the conclusion that the purchase return could be restricted only to the sum referred to above viz., Rs.32,50,000/- and not what was claimed by the assessee to the tune of Rs.52,3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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