BABULAL ONKARMAL AND CO Vs. STATE OF BOMBAY

JUDGEMENT

(1.) The question involved in this reference is whether the applicants are dealers as defined in section 2(6) of the Bombay Sales Tax Act, 1953, and liable to registration.

(2.) The applicants M/s. Babulal Onkarmal & Co. are a concern engaged in the business of ginning and pressing cotton in the factory owned by them. In the process of ginning and pressing of the cotton and converting it into bales of cotton, they utilise hessian and iron hoops, which they purchase. These hessian and iron hoops used in the pressing and making of the cotton bales go the customers along with the bales. The turnover of the purchases of hessian and iron hoops made by the applicants and utilized in their business exceeded the limit of Rs. 25,000 a year. The applicants under section 27 of the Bombay Sales Tax Act of 1953 applied to the Additional Collector of Sales Tax to determine whether the applicants were dealers within the meaning of section 2(6) of the said Act and whether they were liable for registration. The Additional Collector held that the applicants were dealers liable for registration. The applicants then took an appeal before the Tribunal, but the said appeal was also dismissed. Thereafter at the instance of the applicants, the Sales Tax Tribunal has made the present reference to this Court raising therein the following two questions :-

(3.) Mr. Joshi, the learned counsel appearing for the applicants, has conceded that question No. (2) is not really a separate question but is involved in question No. (1) itself and it is not necessary to consider it as a separate question and answer it. We will, therefore, proceed only to deal with and answer the first question.