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2014 (9) TMI 248 - HC - VAT and Sales TaxTaxability of goods - Possession of goods by lessor - situs of sales - Held that:- Tribunal has not recorded any findings of fact with regard to the existence of the goods although the agreements entered into between the revisionist on one hand and the lessee were before the Tribunal and therefore, if the finding had been recorded by the Tribunal to that effect, the law laid down by the Supreme Court in the case of 20th Century Finance Corporation Ltd. (2000 (5) TMI 980 - SUPREME COURT OF INDIA) would have squarely applied to the facts of the present case and the only inference which could have been drawn by the Tribunal would be that the first two agreements between the lessor on one hand and Rajinder Steels and others and the revisionist-lessor on the one hand and M/s. Sakura Seimitsu India Ltd. At Delhi on the other hand had been executed at Bombay and Delhi respectively and in both the cases the Schedule in no unmistakable terms demonstrated that the goods existed at Kanpur and NOIDA respectively and therefore the situs of sale would be outside the State of U.P. and no Trade Tax could have been levied on the goods merely because the goods were in the State of U.P. Even otherwise so far as the existence of the goods within the State of U.P. at Kanpur or at NOIDA is concerned it may be stated that the Tribunal has not recorded any finding of fact although it has noticed the existence of the two agreements entered into between the revisionist and the lessee. - Decided in favour of assessee.
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