TaxTMI 
TaxTMI 
2018 (11) TMI 1354
X X X X Extracts X X X X
X X X X Extracts X X X X
....al, Ernakulam, pertaining to the assessment years 2005-06 and 2006-07. The question of law arising for consideration in these Revisions is whether the Tribunal was justified in holding the assessee eligible for exemption under Section 5(2) of the Central Sales Tax Act, 1956 (for short "CST Act"). 2. The facts in brief are thus: The assessee, M/s Adani Exports Ltd., is engaged in the import of furnace oil. The assessee imported 4013.164 MTS of furnace oil through Cochin Port, a portion of which was sold as high sea sales and another sold to Unit in the Special Economic Zone supported by Form 43. The exemption claimed on these sales were allowed. The controversy arose with respect to the quantity for which Bill of Entry for warehousing was ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Newsprint Trading Corporation v. State of Assam (Gauhati), (2003) 129 STC 134; Tarajot Polymers Ltd. v. Deputy Commercial Tax Officer, Chennai, (2005) 140 STC 239; State of Tamil Nadu v. Rajan Universal Export (Mfrs) Pvt.Ltd., (2010) 28 VST 279 (Mad); Big Bags International (P) Ltd. v. Registrar, Tamil Nadu Taxation Special Tribunal, (2008) 13 VST 272 (Mad); BPL Telecom Ltd. v. State of Kerala (17 KTR 521); and Indure Ltd. v. Commercial Tax Officer, 18 KTR 547, to conclude that the assessee is entitled to the benefit of exemption under Section 5(2) of the CST Act. 6. The Revenue is aggrieved by the exemption granted by the Tribunal and has therefore questioned the impugned order mainly raising the following grounds: The instrument of trans....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e relied on is not properly stamped. It cannot be said that the delivery of goods was on the basis of the agreements or that the agreement was one for sale. The goods are movable property for which deed of conveyance is not essential. The agreement was only to facilitate the clearance of goods from the bonded warehouse of the Customs. The argument of the learned Senior Government Pleader for the Revenue that a document insufficiently stamped cannot be admitted in evidence, is also not acceptable to us. Because, even if it is found to be insufficiently stamped, it could be relied upon subject to impounding provisions. Then again, for collateral purposes the same would be looked into. The authorities, who have dealt with the goods, the custom....
X X X X Extracts X X X X
X X X X Extracts X X X X
....reach the customs barriers and the bill of entry for home consumption is filed." 11. In Kiran Spinning Mills Ltd. (supra) the question was whether the Additional Excise Duty imposed on goods which were brought into the country before the levy came into force was applicable when the goods were cleared from the bonded warehouse of the Customs after the imposition. It was held so: "6. Attractive, as the argument is, we are afraid that we do not find any merit in the same. It has now been held by this Court in Hyderabad Industries Ltd. v. Union of India, (1999) 5 SCC 15 that for the purpose of levy of additional duty Section 3 of the Tariff Act is a charging section. Section 3 sub-section (6) makes the provisions of the Customs Act applicab....
X X X X Extracts X X X X
X X X X Extracts X X X X
....is what has been termed by this Court in Sea Customs case - as being the taxable event. The taxable event, therefore, being the day of crossing of customs barrier, and not on the date when the goods had landed in India or had entered the territorial waters, we find that on the date of the taxable event the additional duty of excise was leviable under the said Ordinance and, therefore, additional duty under Section 3 of the Tariff Act was rightly demanded from the appellants." (underlining by us for emphasis) 12. The decisions relied on by the Tribunal, as noticed by us, would define what customs frontier is and when the import is completed. The import of goods into India would commence when the same enters the territorial waters, but cont....