Form F alone cannot establish consignment sales without compliance with statutory record-keeping requirements.

Mere production of Form F is not enough to treat transactions as consignment sales unless the record-keeping requirements under Rule 4(4) of the Central Sales Tax (U.P.) Rules, 1957 are also complied with. The HC found that the Tribunal accepted the assessee's claim only on the basis of Form F and failed to examine whether the prescribed records had in fact been maintained and produced. As no material showed compliance with those statutory requirements, the finding that the transactions were consignment sales could not stand, and the Tribunal's order was unsustainable.

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Issues: Whether mere production of Form F, without compliance with the record-keeping requirements under Rule 4(4) of the Central Sales Tax (U.P.) Rules, 1957, was sufficient to treat the transactions as consignment sales.

Analysis: The Tribunal accepted the assessee's claim of consignment sale only on the basis that Form F had been produced. The Court held that the Tribunal failed to consider the intent and requirements of Rule 4(4), which contemplated maintenance and production of relevant records. As no material showed that such records had been maintained or produced before the authorities, the finding that the transactions were consignment sales could not stand.

Conclusion: Mere submission of Form F was not sufficient to establish consignment sales, and the Tribunal's order was unsustainable.

Ratio Decidendi: A claim of consignment sale cannot be accepted merely on production of Form F unless the statutory record requirements prescribed by Rule 4(4) are complied with and duly considered.

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