1964 (9) TMI 46

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....DDY, C.J.-The question that calls for decision in this tax revision case is whether the supply of posters and other publicity materials by the assessee-petitioner to the producers, amounts to a sale. The petitioner-company who in addition to being distributors of films produced by others, produces its own films. It gets huge stocks of publicity material printed and supplies it to the producers at ....

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....and debited the producers' accounts, thereby indicating that the publicity material was sold by him to the producers. This entry does not denote that the petitioner merely acted as an agent of the producers in getting the material printed, but indicates that he got them printed at his own cost and supplied them to the producers. As pointed out by the Tribunal, if really the petitioner was not the ....

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....n the publicity material was not to vest in the assesseedistributor, the bills would not have to be drawn against him. The fact that some amount was advanced by the producer to the assessee would not change the character of the transaction. These three circumstances, in our opinion, lend support to the conclusion of the Tribunal. The Tribunal further held that the petitioner is a dealer, in tha....