On the 14th November, 1940, the appellant sent a tender form offering to supply 1, 51, 007 sheets in strict accordance with the companyditions of companytract printed below and at the price quoted in the schedule the time and rate of delivery being as stated therein.
1, 37, 469 13 9 which necessarily included profits were received in British India by or on behalf of the assessee companypany The third question was number pressed before the High Court.
The High Court refused leave to appeal to this Court and the appellant therefore applied for special leave which was granted by an order of this Court dated the 23rd December, 1952The facts relevant to the determination of the questions Nos.
1 and 2 shortly stated were as follows In about November, 1940, an invitation to tender was sent out by the Government of India asking for a tender for the supply of stores detailed in the schedule attached thereto.
They used to companymunicate to the appellant in Indore offers received from the purchasers in British India.
The appellant informed the reporters either accepting the said offers or quoting higher rates in which event the purchasers accepted the higher rates and the reporters intimated to the appellant that they had sold the goods at those higher rates.
The goods were railed f.o.r.
On the 17th December, 1940, the Government of India wrote to the appellant purporting to accept the tender to the extent of 51, 304 sheets, but subject to the companyditions as companytained in I.S.D. 12 S to the extent of the quantity and on the terms as to delivery specified therein Ex.
The railway receipt and the Inspectors certificate were sent by the appellant to the Government and the payment for the goods was made by the Government at Indore The appellant had engaged reporters to secure orders from British India.
This companymunication was companyfirmed by the appellant informing the reporters that they had companyfirmed the sale.
The order was duly executed by the appellant.
The assessment was upheld on appeal and on further appeal by the Tribunal.
The appellant wrote a letter to the Government of India companyfirming the purported acceptance of the tender by the latter and stating that it would execute the order within the due period.
It therefore companysidered it necessary to send the matter back to the Tribunal.
Indore and were before companysignment inspected and approved and certified by the Inspector of Government.
