✦ Bombay High Court · 07 Aug 2009

The Commissioner of Sales Tax & Anr. v. M/s Mahindra Ugine Steel Co. Ltd

Tax Application No. 77 of 2008D G KARNIK, F I REBELLO

Case at a glance

Decided
07 Aug 2009
Bench
D G KARNIK, F I REBELLO

Outcome

Disposed of

The application is disposed of accordingly

Provisions considered

Key paragraphs

  • Para 33. The application is disposed of accordingly. (D.G. KARNIK, J.) (F.I. REBELLO, J.)

Judgment

Mr. J.S. Saluja, A.G.P. For the applicant. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATE : 7TH AUGUST 2009 P.C. :

1.

The applicant is directed to make a reference to this Court on the following questions:- (i) Whether on the facts and in the circumstances of the case, and in true and correct interpretation of section 2(13) and section 2(28) of the B.S.T. Act, 1959 the Tribunal was justified in holding that the transactions in respect of machinery (i.e. Walking Beam Furnace), in the instant case do not amount to 2 sales liable to tax under the provisions of the Bombay Sales Tax Act, 1959? (ii) Whether on the facts and in the circumstances of the case, and in true and correct interpretation, the Tribunal was justified in holding that the transaction in respect of the aforesaid machinery was pertaining to the immovable property? (iii) Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the transaction in respect of the aforesaid machinery (i.e. Walking Beam Furnace) in the instant case was merely a financing transaction, not involving any sale of goods?

2.

The reference be forwarded to this Court within 8 weeks from the date of receipt of this order.

Operative part

3.

The application is disposed of accordingly. (D.G. KARNIK, J.)

(F.I. REBELLO, J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The application is disposed of accordingly

Which statutory provisions did this judgment involve?

Bombay Sales Tax Act, 1959.

Which court decided this case, and when?

Bombay High Court, on 07 Aug 2009. The bench was D G KARNIK, F I REBELLO.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Tax Application No. 77 of 2008). ← Search more judgments