BAGALKOT UDYOG LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Bagalkot Udyog Ltd., formerly called as Bagalkot Cement Company Ltd., a public limited company incorporated under the Indian Companies Act with its registered office, at Bombay is the common petitioner in these casts. Among others, the, petitioner is engaged in the busisess of manufacturing and selling cement from its factory situated at Bagalkot Town Bijapur District, Karnataka State. The petitioner is a registered dealer under the Karnataka Sales Tax Act, 1957 (hereinafter referred to as the KST Act) and the Cenaral Sales Tax Act, 1956 (hereinafter referred to as the CST Act) on the file of the Commercial Tax Officer, Bagalkot (hereinafter referred to as the CTO or the Assistant Commissioner, Commercial Taxes, (Assessments), Belgaum (hereinafter referred to as the AC) .

(2.) Between the period from 1.1.69 to 31.3.1972 the petitioner had appointed Bharat' Overseas P. Ltd. (hereinafter referred to as the Bharat) and Shree Rishabh Investment Ltd. Calcutta, (hereinafter referred to as the Rishabh) for different periods as its sole selling agents of cement manufactured and sold at its Bagalko factory on the terms and conditions set out in separate but substantially identical agreements entered in to with them on different dates.

(3.) Clause 11 of the agreements entered into between the petitioner and Bharat or Rishabh as the case may bo, which alone is material for these cases reads thus ;