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2014 (8) TMI 616 - HC - VAT and Sales TaxCommissioner held that the sale of the technical knowhow was covered by entry 22 of the Lease Act but rejected the prayer for prospective effect - tribunal reversed the decision - Transfer of the right to use Goods for any Purposes Act 1985 (the Lease Act) read with section 52 of the Bombay Sales Tax Act 1959 (the BST Act) - Held that:- One of the reasons for exercising power under section 52(2) of the BST Act was that it is doubtful whether the transaction constituted a sale at all or not. However, that issue was not even determined. It is in this background that it is necessary to ascertain whether the exercise of powers under section 52(2) of the BST Act was valid or perverse - The Tribunal is therefore directed to draw up a statement of the case, frame the question of law and refer it to this Court. It is clarified however that in the event of the question being determined against the respondent, the respondent's rights under section 52(1) would stand revived - Application disposed of.
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