judgment

Kapadia, J. —

1.Leave granted.

2.This civil appeal filed by the assessee is directed against the judgment and order dated 19.10.06 passed by the High Court of Judicature at Allahabad in three Trade Tax Revision Nos.691, 692 and 693 of 2006 by which it has been held that the transaction of transfer of the right to use was a local sale under Section 3F of the U.P. Trade Tax Act, 1948 (for short, “1948 Act”).

3.Assessee is a company incorporated under Companies Act, 1956 having its registered office at Panjim, Goa. It is engaged in the business of leasing and financing plants and machinery.

4.In this civil appeal we are concerned with the assessment years 1994-95, 1995-1996 and 1996-97.

5.While examining the case for the assessment years in question pertaining to M/s. Kesar Enterprises Limited Baheri, U.P., the Department noticed that the assessee herein supplied plants and machinery to M/s. Kesar Enterprises Limited on lease and that the assessee was in receipt of lease rent for the machinery supplied by it to M/s. Kesar Enterprises Limited Baheri, U.P. Therefore, the Assessing Authority issued notices under Section 3F of the 1948 Act to show cause as to why tax should not be lev