1967 (7) TMI 108

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....petitions which relate to assessment years 1957-58 and 1959-60. The chargeability of three items of turnover is in question. The first item which is peculiar to the assessment year 1957-58 relates to the question whether the turnover comprises of the last sales in the State. The contention for the assessee is that the purchaser Alagappa Textiles (Cochin) Limited purchased cotton at Kovilpatti and ....

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....urnovers for the two years comprise of export sales. The Tribunal has held that they are not. We accept that finding. It is true that the Tribunal in the course of its order proceeded on a misapprehension that privity of contract was necessary between the foreign buyer and the local seller in order to stamp the transaction with an export character. Recent decisions including those of this Court ha....

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.... last item consists of sales of empty tins, dealwood boxes, hoop iron, tiles, cinder etc. The assessee during the relevant years was a dealer in yarn and cotton. It was not its business to deal in goods like dealwood boxes, hoop iron, tiles etc. In the course of its business it came by these goods which it had necessarily to dispose of. The Intention in selling them was not to do business as such.....