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TMI Blog2007 (11) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... . 8 and 9/STT/83. The following questions of law have been referred for our opinion: 1.. Whether, in the facts and circumstances of the case, the learned Tribunal was justified in holding that the sales were in the course of export of the goods out of the territory of India? 2.. Whether the learned Tribunal was justified in coming to the conclusion that the ratio decidendi in Mod. Seraj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after the goods had crossed the territorial waters of India, the transaction of sale in favour of STC would be deemed to have been taken in the high seas and in the exportation stream. As regards goods sent by air, more or less the same procedure was followed and the Tribunal proceeded on the basis that the payment would have been made to STC only after the goods had left the customs frontiers of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 to the goods after the goods have crossed the customs frontiers of India. A reading of section 5(1) clearly suggests that the export of goods, for the purposes of the Act shall be deemed to take place if the sale or purc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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