Wholesale sale character depends on facts, not buyer status; sales to industrial consumers are not presumed wholesale.

Sales made directly to industrial consumers are not presumed to be wholesale sales; the character of the transaction must be determined from the facts found in each case. On the record, there was no finding that the thread rubber and rubber compound sales were bulk sales to any particular consumer, so the price charged could not be treated as the normal price for assessment merely because the buyers were industrial concerns. The Tribunal's factual conclusion was upheld, no error of law or fact was shown, and the Revenue's contention was rejected.

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Issues: Whether direct sales of thread rubber and rubber compounds to industrial consumers were wholesale sales so as to justify adoption of the price as the normal price for assessment.

Analysis: The sales were made directly to consumers, but there was no finding that they were bulk sales to any particular consumer. A sale to an industrial concern does not, by itself, create a presumption that the sale is in bulk or that the price charged is wholesale price. Whether a sale is wholesale or retail depends on the facts found, and the Tribunal had reached its conclusion on those facts.

Conclusion: The disputed sales were not shown to be wholesale sales on the record, and no error of law or fact was established in the Tribunal's view. The contention of the Revenue was rejected.

Ratio Decidendi: There is no presumption that sales to industrial consumers are wholesale sales; the character of the sale must be determined from the facts found in the case.

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