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1977 Supreme(Mad) 270

SETHURAMAN, BALASUBRAMANYAN
Fairmacs Trading Company – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:G. S. Chandrasekhara Sastri, C. Venkataraman, C. Natarajan, Advocates.

Judgment :-

SETHURAMAN, J.

These Tax Revision cases arises out of an order of the Tribunal dt. 7th February, 1974 in four appeals relating to the asst. yr. 1968-69 to 1971-72. The assessee is a dealer in ship's stores and is also doing business as ship chandlers. The assessee imports goods from abroad for the purpose of supplying the said goods either to foreign going vessels or to Diplomatic Personnel. The said goods, which are imported, are received in a customs bonded warehouse and at the time of placing the indent and also in the subsequent bills of lading and invoice, there was a declaration by the assessee that the goods were intended either for "re-export" as ship's stores and or for supply to Diplomatic Corps. The goods were cleared under the supervision of the Customs authorities whenever they were sold by the assessee. In the present case we are concerned with supplis made to certain ships located at that time in the Madras Harbour. The orders for supplies of the goods required by the said ships were usually received by the Captain or the Master or the Chief Steaward of the ship. The orders listed out the required supplies mentioning the description of the goods and the qu













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