IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 ST.Rev..No. 150 of 2009() ------------------------- TA.11/2009 of KERALA SALES TAX APPELLATE TRIBUNAL, ERNAKULAM. .................... REVISION PETITIONER/APPELLANT: ---------------------------------- M/S CINZAC TECHNICAL SERVICES, CHITTOOR ROAD,PACHALAM,KOCHI-12, REPRESENTED BY G.N.MURALEEDHARAN NAIR, MANAGER(ACCOUNTS). BY ADV. SRI.ARIKKAT VIJAYAN MENON SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT(S): RESPONDENT: ---------------------------------- STATE OF KERALA. GOVERNMENT PLEADER SRI.K.VINOD CHANDRAN THIS SALES TAX REVISION HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CR C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. --------------------------------- S.T.REV. No. 150 of 2009 ------------------------------------ Dated this the 29th day of June, 2009 O R D E R ---------------------- Ramachandran Nair,J. The question raised in the revision filed by the assessee pertains to disallowance of exemption claimed under Section 6 (2) of the CST Act in respect of sale of a boiler to an industry in Kerala. The assessing officer noticed that the LR contained the ultimate consumer's name and address. Consequently the petitioner's case that it is a sale arranged in transit and made through endorsement of title to goods was rejected. In the two level appeals the finding of the officer is confirmed. 2. Counsel appearing for the petitioner contended that the appearance of address of the consumer or even identification of the consumer by the original consignor which is manufacturer in this case does not justify local assessment in Kerala. According to the counsel the transaction should be treated as inter-state sale from outside Kerala by the original consignor and therefore even after denial of exemption claimed under STRV.150/2009 2 Section 6(2) of the CST Act the assessee cannot be assessed. We are unable to accept this contention because in the first place when E1-Form is issued from the consignor from outside obviously they do not account it as a sale to the consumer and it is treated as inter-state trade by the consumer to petitioner to whom E1-Form was issued. Petitioner admits that E1-Form obtained from the consignor is produced by the petitioner and C- Form issued by the ultimate consumer is also produced by them. Therefore the first transaction is accounted as an inter-state sale between the consignor and the petitioner. The next question to be considered is whether the second transaction between petitioner and the buyer is an interstate sale under Section 6(2). On facts LR obtained by the consignor contained the address of the ultimate purchaser and therefore it is clear that the subsequent sale is a pre-arranged one between the petitioner and the ultimate purchaser and thereafter petitioner placed the order with the outsider manufacturer for manufacture and supply of the boiler. Boiler is an equipment manufactured against orders and necessarily manufacturer should be informed about the requirements of the customer. Further it is covered by guarantee and warranty for limited periods. In the first place we do not think sale of goods in transit can be applied to supply of equipment of this type which is made to order for the customer. STRV.150/2009 3 Petitioner obviously acted as an agent or as a dealer in between manufacturer and ultimate consumer. Since the petitioner has no agency it is a case of purchase and sale which in the absence of proof of a second inter-state sale under Section 6(2) has to be necessarily assessed as a local sale under KGST. Consequently the STRV is dismissed. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb