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2008 (4) TMI 680 - HC - VAT and Sales TaxWhether, under the facts and circumstances of the case, the plant and machineries having suffered Orissa sales tax at the time of purchase inside the State of Orissa the lease rental received on leasing out those plant and machineries can be taxed? Whether, under the facts and circumstances of the case, the transfer of property in goods and the transfer of right to use the goods are two distinctly separate taxable events once as sale and secondly as deemed sale in the face of the legislative intent of single-point taxation as provided under section 8 of the Orissa Sales Tax Act? Whether, under the facts and circumstances of the case, the imposition of penalty by the Sales Tax Officer and confirmed by the Assistant Commissioner and Sales Tax Tribunal is correct law? Held that:- This court holds that since no tax can be imposed by way of subsequent lease rent in respect of the same goods on the petitioner, there cannot be any imposition of penalty for non-payment of the same. As such, the penalty imposed on the petitioner is quashed. All the three questions referred to above on which the matter has been argued are answered in the negative, i.e., in favour of the assessee and against the Revenue.
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