2014 (8) TMI 616

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..... Iman Calcuttawalla, AGP For the Respondent : Mr. Subhash P. Surte with Mr. P. V. Surte ORDER P. C. 1. Admit. 2. The following three questions were raised by the respondent under section 52 of the Bombay Sales Tax Act 1959 in respect of the applicability of the Maharashtra Lease Tax Act 1985 :-  "1. Whether the sublicense of Monsanto Technology vide agreement dated 26th April 2002 am .....

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..... e determination under section 52(1)(e) may be taken up for hearing and decision. This pertained to the other two questions which were not pressed. The Commissioner held that the sale of the technical knowhow was covered by entry 22 of the Lease Act but rejected the prayer for prospective effect. The Tribunal, on the Respondent's Appeal, exercised power under section 52(2) and issued directions .....

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..... 52(2) of the BST Act was valid or perverse. 4. The following important question of law therefore arises :" Whether on the facts and in the circumstances of the case and on the true and correct interpretation of the provisions contained in section 4 and section 8(1) of the Maharashtra Sales Tax on Transfer of the right to use Goods for any Purposes Act 1985 (the Lease Act) read with section 52 of .....

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