Shah, J. - (1.)Rohtas Industries Ltd., a public limited company registered under the Indian Companies Act having its registered office at Dalmia Nagar in the State of Bihar, is engaged in the manufacture, amongst other commodities, of cement, and is registered as a "dealer" under the Bihar Sales-Tax Act, 1944. In proceedings for assessment of sales-tax, the company denied its liability under the Act to pay tax in respect of cement supplied, delivered or consigned pursuant to orders issued by a company called the Cement Marketing Company Ltd; hereinafter called the Marketing Company, in the following six quarters ending:September 30,1945, June 30, 1946, September 30,1946, December 31,1946, March 31,1947, and June 30,1947, on the plea that there was no sale by the appellant company to the Marketing Company. The plea of the company was disallowed by the Sales-Tax Officer:also by the Commissioner, Sales Tax, Patna Division and by the Board of Revenue, Bihar. At the instance of the company, the following question was referred by the Board of Revenue to the High Court of Judicature at Patna for its opinion:
"Whether on the construction of the agreement dated the 4th June, 1942, between the assessee M/s. Rohtas Industries Ltd., Dalmia Nagar (along with 3 other manufacturing Companies) and the Cement Marketing Company of India Ltd., the cement delivered, despatched or consigned by the assessee to the Cement Marketing Company of India Ltd., or to their order on in accordance with their directions are sales to the latter within the meaning of the Bihar Sales Tax Act (Bihar Act VI of 1944)."

(2.)The High Court answered the question "against the company."
(3.)Section 4 of the Bihar Sales Tax Act imposes liability to pay tax upon every dealer whose gross turnover exceeds Rs.5,000. The tax under the Act is leviable at prescribed rates on the taxable turnover, i.e., that part of a dealer's gross turnover during any period, which remains after deducting there from turnover on sales specified in S. 5 sub-sec. (2). The expression "turnover" is defined in S(2)(i) as meaning the aggregate of the amounts of sale price received and receivable by a dealer in respect of a sale or supply of goods or carrying out any contract effected or made during a given period. "Sale Price" is defined in S. 2(h), as meaning the amount payable to a dealer as valuable consideration for (1) the sale or supply of any goods......... "Sale" is defined in S. 2(g) as meaning - omitting parts which are not material - any transfer of property in goods for cash or deferred payments or other valuable consideration including a transfer of property in goods involved in the execution of a contract.