Consignment sale versus inter-State sale remand upheld where independent examination of Form F and transaction nature was still required.

The Tribunal's remand for fresh adjudication was upheld because the authorities had not properly examined whether the disputed transaction was a consignment sale or an inter-State sale. The assessee's failure to object to the show-cause notice did not, by itself, prove that Form F was not genuine or eliminate the need for an independent finding on the nature of the transaction. The assessing authority was therefore required to reconsider the matter and pass a fresh order in accordance with law, leaving all contentions open. No question of law arose for interference in revision, and the revision petition was without merit.

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Issues: Whether the Tribunal was justified in remanding the matter for fresh adjudication on the nature of the transaction and whether any question of law arose for interference in revision.

Analysis: The assessment records showed that the authorities had not undertaken a proper examination of whether the disputed transaction was a consignment sale or an inter-State sale. The assessee's failure to file objections to the show-cause notice did not by itself establish that Form F was not genuine or dispense with the need for an independent determination on the nature of the transaction. The Tribunal therefore directed a fresh decision by the assessing authority, leaving all contentions open and requiring a fresh order in accordance with law.

Conclusion: The remand was justified and no question of law arose for determination in the revision petition. The revision petition was without merit.

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