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february 2008

Supreme Court of India · 2008-02-28

M/S. Goa Carbon Ltd vs Commissioner Of Trade Tax

Court
Supreme Court of India
Petitioner
M/S. Goa Carbon Ltd
Respondent
Commissioner Of Trade Tax
Bench
S.H. Kapadia, B. Sudershan Reddy

Judgment text excerpt

The Supreme Court upheld the decision of the Allahabad High Court regarding the applicability of Section 3F of the U.P. Trade Tax Act, 1948, affirming that the transaction of leasing machinery constituted a local sale. The Court emphasized that the lease agreement's warranty clause indicated that the equipment was selected prior to its purchase, thus confirming the tax liability on lease rent. The appeal by the assessee was dismissed, affirming the lower authorities' findings on the nature of the transaction.

M/S. Goa Carbon Ltd vs Commissioner Of Trade Tax · Niyam