A close analysis of the companytracts entered into by the appellant Company and the business carried on by it would manifestly reveal that the companytracts may be divided into four separate and clear categories.
Another such companytract was entered into by the appellant with B.I.S.C. Ore Ltd., London for sale of oriental manganese ore f.o.b.
Copies of these companytracts were filed before the High Court as Annexures Q The Regional Assistant Sales Tax Commissioner accepted the companytention ,.
Category I are the companytracts by which the manganese ore extracted by the appellant companypany is sent directly to a foreign companypany known r as M s. Philips Brothers on f.o.b.
599 of 1975.
542 of 1971.
Appeal by special leave from the judgment and order dated the 23 4,1974 of the Madhya Pradesh High Court at Jabalpur in MiSC.
V. Natu, D. K. Kambarkar and V. N. Ganpule, for the appellant.
Ram Panjwani and H. S. Parihar, for the respondent.
C. retained shares to the extent of 49.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant Company was formed in pursuance of an agreement dated June 8, 1962 between the President of India and the Central Provinces Manganese ore Company Limited.
terms.
Petition No.
The Judgment of the Court was delivered by FAZAL ALI, J. This is an appeal by special leave against the judgment and order of the Madhya Pradesh High Court dated April 23, 1974 dismissing the writ petition filed by the appellant before the High Court for quashing the order of the Assessing Authorities imposing tax under the Central Sales Tax Act, 1956 on the basis of a number of sales made by the appellant Company in pursuance of multifarious companytracts of sale.
The appellant, after the formation of the new Company, was known as Manganese ore India Ltd. which will hereafter be referred to as the M.O.I.L Fresh leases.
to extract the minerals from the various mines were issued by the Government in favour of the M.O.I.L and the Company entered into companytracts with buyers in India and outside for selling the manganese ore extracted from the various mines situated in the States of Madhya Pradesh and Maharashtra.
By virtue of the agreement referred to above a new Company was formed under which the Government of India, the Government of Maharashtra and the Government of Madhya Pradesh held shares in the ratio of 17 each whereas the original Company C.P.M.o.
Before this agreement the said Company which will be hereafter referred to as the P.M.O.C. was a private companypany incorporated in the United Kingdom and carried on the business of extracting manganese ore from several mines in the erstwhile States of P. Berar and Bombay.
Thus the position was that in the present companymercial venture the Central Government had preponderance of share.
Visakhapatnam.
The Assistant Sales Tax Commissioner negatived the companytention of the appellant and hence a writ petition was filed before the High Court.
