1971 (8) TMI 219

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.... Export Promotion Scheme of the Government of India for the import of raw stock of films and other materials and for this purpose they obtained licences from the Joint Chief Controller of Imports and Exports. The intention behind the import was that they should use such imported films themselves in the course of their film production. While issuing the licence, the Controller of Imports imposed se....

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....by Sri Vijayalakshmi Pictures, re-allotted a part of the imported stock on a no-profit-no-loss basis to the said Vijayalakshmi Pictures. The allotment orders made by the Controller of Imports are in the record. While so, the respondent issued a notice dated 15th October, 1966, calling upon the company to produce its accounts for the assessment years 1965-66 and 1966-67 for the purpose of check.....

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....hem under the same circumstances as above, could not be characterised as sales which would attract the Sales Tax Act. In New India Sugar Mills Ltd. v. Commissioner of Sales Tax[1963] 14 S.T.C. 316 (S.C.). , the Supreme Court had to consider whether despatch of sugar to the State of Madras under orders of the Sugar Controller made under the Sugar and Sugar Products Control Order, 1946, was liable t....

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....o as to attract tax. In the instant case, all imports were made subject to certain restrictions and conditions and the surplus stock in the hands of the petitioner was released at the instance of the Controller of Imports and at his behest and direction. In such circumstances, the petitioner cannot be called a dealer as the word requires some more incidents and aspects to be satisfied before he co....