1982 (9) TMI 225 - HC - VAT and Sales Tax

High Court affirms Tribunal: Respondent as buying agent, not seller. State tax case dismissed. Penalty overturned.

The High Court upheld the Tribunal's decision that the respondent acted as a buying agent, not a seller, in the transaction involving gunny bags. The ... - Issues:Determining whether the respondent sold empty gunnies or acted as a buying agent for local and outside State buyers.Analysis:The tax case revolved around the question of whether the respondent sold empty gunnies to local and outside State purchasers or acted solely as a buying agent for them. The assessing authority contended that the respondent sold the goods after tendering for their purchase, making him liable for sales tax. However, the Tribunal found that the respondent acted only as a buying agent, leading to the reversal of the assessment and penalty imposed by the authority.The Tribunal's decision was based on various pieces of evidence presented by the respondent. The respondent operated a gunny mundy and submitted a tender for the purchase of gunnies from Pamani Fertilizers Limited. The Tribunal noted that the respondent's tender specified that if accepted, Pamani Fertilizers would directly sell the goods to the purchasers mentioned by the respondent. Additionally, the bills issued by Pamani Fertilizers were in favor of the actual purchasers, and the goods were sent directly to outside State buyers, further indicating that the respondent acted as a purchasing agent and not a seller.The Tribunal's reliance on these factors was crucial in determining the nature of the transaction between the respondent and Pamani Fertilizers. The evidence presented by the respondent, including account books, tender documents, and bills, supported the conclusion that the respondent only acted as a purchasing agent in the transaction. As a result, the Tribunal held that the respondent was not liable for sales tax on the turnover of gunny bags purchased on behalf of others.Ultimately, the High Court upheld the Tribunal's decision, emphasizing that the evidence presented supported the conclusion that the respondent acted as a purchasing agent. Since the addition made by the assessing authority was deleted by the Tribunal, the penalty based on that addition was also set aside. Consequently, the tax case filed by the State was dismissed, affirming the Tribunal's ruling in favor of the respondent.