TaxTMI 
TaxTMI 
1962 (7) TMI 32
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....ave been confirmed by the Sales Tax Appellate Tribunal by three orders which have been challenged in these three revision cases. It is admitted before us that the transactions for the three years are of the same pattern and that the statements in the order of the Tribunal in Tribunal Appeal No. 138 of 1960 pertaining to the year 1954-55 may be taken as giving a correct statement of the facts relating to these transactions. We are therefore disposing of these three cases by a single judgment. The Tribunal has described the transactions as follows: "The appellant-company corresponds, enters into a contract with the non-resident seller for the purchase of a specified quantity of goods at a definite rate. The non-resident seller despatches t....
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.... deliver the documents only to the appellant-company or his nominee. " 2.. On the above facts, the Tribunal came to the conclusion that, "When the documents are delivered to the ultimate purchaser there are notionally two transfers, one from the non-resident seller through the bank to the appellant-company and from the appellantcompany to the ultimate purchaser." It further observed: "When we say that on the delivery of the documents by the bank to the ultimate purchaser there are notionally two transfers of property in the goods, we are not without company." Relying on the ruling in Addepally Sobhanadri v. Board of Revenue (Andhra)[1959] 10 S.T.C. 560. and we think particularly on the decision in Bayyanna Bhimayya v. Government of An....
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....e facts of these cases that the parties were dealing with ascertained goods. It cannot be otherwise, because specified ascertained goods would have to be put on board or on rail before the corresponding bills of lading or railway receipts could be sent down to the bank by the non-resident seller. These bills of lading and railway receipts were in favour of "self" or "order". The property in the goods covered by these documents of title can, therefore, pass only on endorsement of those documents of title to any particular person. The bank to which they were sent were authorised to endorse them either to the assessee or to some person nominated by him. It is admitted that all the documents of title in respect of the goods relating to the disp....
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....further seen that the Mills agreed to deliver the goods to others only on the basis that those who took delivery were the agents of the assessee. Delivery to such agents was taken to be delivery to the assessee in that case and it was by delivery the transfer of the property in the goods was effected. So there was a sale to the assessee by the Mills. The Supreme Court also said that the delivery by the Mills to the agent, in the facts and in the circumstances of that case, also constituted a delivery by the assessee to the third party pursuant to the contract of sale between them. The important point to be noticed is that by virtue of the terms of the contract entered into by the assessee with the Mills in that case, the Mills agreed to dea....