Judgment

HEGDE J. :- This is an appeal by special leave. It arises from the decision of the High Court of Gujarat in a Reference under Section 61 (1) of the Bombay Sales Tax Act, 1959. That Reference was made by the Gujarat Sales Tax Tribunal at Ahmedabad. After stating the case, the Tribunal submitted the question.

"Whether on the facts and in the circumstances of the case, the transactions are purchases of cotton by the Society from its members" to the High Court for its opinion.

2. The High Court has answered that question in the affirmative. Aggrieved by that decision, the assessee has brought this appeal.

3. The material facts are these:- The assessee is a Co-operative Society registered under the Bombay Co-operative Societies Act. 1925 (to be hereinafter referred to as the Act.) The assessee will hereinafter be referred to as the Society . It carries on the business of ginning and pressing cotton brought by its members. During the assessment period viz. November 1, 1960 to October 31, 1961, the assessee received large quantity of cotton from its members and the same was sold by it either after ginning and pressing or without ginning and pressing. The Society is a registered deal