Report No. 30

90. Wadeyar's case.-

In B.K. Wadeyar v. Daulat Ram Rameshwar Lal, (1961) 1 SCR 924: AIR 1961 SC 311, the sales by the assessees to an Indian purchaser, who had agreed to sell them to a foreign buyer, "were of f.o.b. contracts under which they" (the assessees) "continued to be owners" till the goods crossed the customs barrier and entered the export stream. There were two sales which resulted in export. The first sale by the assessees was held to be immune, because the property passed to the Indian purchaser when the goods were in the export stream. The first sale was so inextricably connected with the export that it was regarded as a sale in the course of export.