Concurrent factual findings on classification and stock transfer defeated the assessee's revisions.

Concurrent findings that the narrow woven goods were not exempt cotton fabrics but taxable tapes, niwar or laces were treated as findings of fact based on the nature of manufacture and the survey material, so no question of law arose. The claim of stock transfer under the Central Sales Tax Act was also rejected because seized documents, survey findings and packing material showed dispatch against prior orders and identified buyers, making the transactions sales rather than genuine stock transfers. The factual conclusions were upheld and the revisions failed.

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Issues: (i) Whether narrow woven fabrics manufactured by the assessee were exempt as cotton fabrics or taxable as tapes, niwar and laces under the applicable trade tax notifications. (ii) Whether the assessee's claim of stock transfer under the Central Sales Tax Act was rightly rejected on the basis of the seized material and survey findings.

Issue (i): Whether narrow woven fabrics manufactured by the assessee were exempt as cotton fabrics or taxable as tapes, niwar and laces under the applicable trade tax notifications.

Analysis: The classification dispute turned on the nature of the goods as found by the authorities below. The assessee relied on the exemption entry for cotton fabrics and the common parlance test, while the revenue relied on the survey material, the manufacture from polypropylene multi-filament yarn, and the view that the goods were in substance niwar or similar articles falling within the taxable notifications. The Court treated the concurrent findings of the assessing authority, first appellate authority and Tribunal as findings of fact and held that no question of law arose from the classification conclusion.

Conclusion: The issue was decided against the assessee and in favour of the Revenue.

Issue (ii): Whether the assessee's claim of stock transfer under the Central Sales Tax Act was rightly rejected on the basis of the seized material and survey findings.

Analysis: The authorities below examined the seized documents and survey report and found that the goods were dispatched against prior orders and that the claim of stock transfer was not genuine. The packing material itself indicated awareness of the buyer's identity, and the concurrent factual finding was that the transactions were sales, not stock transfers. The Court held that the rejection of the claim was justified on the record and that no question of law arose.

Conclusion: The issue was decided against the assessee and in favour of the Revenue.

Final Conclusion: The concurrent factual findings on classification and on the rejection of stock transfer were upheld, and the revisions failed.

Ratio Decidendi: Concurrent findings of fact on the character of the goods and on the genuineness of the transaction will not give rise to a substantial question of law where they are supported by the record and involve no legal infirmity.

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