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2011 (6) TMI 698 - HC - VAT and Sales TaxWhether the order passed by the Karnataka Appellate Tribunal dated October 31, 2008 in S.T.A. No. 66 of 2006, having regard to the facts and circumstances of the case and contents of the agreement in holding that the assessee has right to use 12 vehicles, possession of which was handed-over to M/s. Grasim Industries and wherefore exigible to tax under section 5C of the Act is justified or calls for interference in this revision? Held that:- Having regard to the concurrent finding arrived at by the assessing authority, appellate authority and the appellate Tribunal that the agreement entered into between the assessee and M/s. Grasim Industries amounts to transfer of right to use of the goods exigible to tax under section 5C is justified and accordingly, we answer the substantial question of law against the petitioner and in favour of the Revenue. Appeal dismissed.
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