Supreme Court · 2008 INSC 270 · Decided 28 February 2008

M/S. Goa Carbon LTD. v. Commissioner of Trade Tax

Court
Supreme Court of India
Citation
2008 INSC 270 · [2008] 3 S.C.R. 602
Case number
CIVIL APPEAL No. 1660/2008
Decided
28 February 2008
Bench
S.H. KAPADIA, B. SUDERSHAN REDDY (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Uttar Pradesh Trade Tax Act, 1948: s.3F - Transaction of transfer of right to use - Supply of plant and machinery on c lease - Receipt of lease rent - Taxability of - Held, on facts, taxable in terms of s.3-F as it was local sale. Assessee was engaged in the business of leasing and financing the case for the assessment year 1994-95, 1995-96 and 1996- D 97, the Department noticed that assessee supplied plant and machinery to KE Ltd, U.P. on lease and in return received lease rent. The assessing officer issued show cause notice under s.3F of U.P. Trade Tax Act, 1948 and

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