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1989 Supreme(Bom) 261

C.MOOKERJEE, M.P.KANIA
20th Century Finance Corporation Ltd. & another – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - MOOKERJEE C., C.J.:—The 1st petitioners are a Company incorporated under the Indian Companies Act and have their registered office at Bombay. They carry on business of leasing diverse equipment. The 2nd petitioner is described as a shareholder of the 1st petitioner. In this writ petition the petitioners have prayed for declaration that the Maharashtra Sales Tax on the Transfer of the Right to use any Goods for any purpose Act, 1985 (hereinafter called "the impugned Act") is ultra vires the Constitution of India and is null and void. They have also prayed for issue of a writ of mandamus directing the Respondent not to enforce or to act in furtherance of the said Act or to demand, levy or recover any tax from the 1st petitioners on the basis thereof. In paragraph 5 of their writ petition the petitioners have set out the manner in which the 1st petitioners carry on the said business of leasing goods for use. According to the petitioners, the 1st petitioners as Lessors enter into a Master Lease Agreement with the Lessee (i.e. the party who desires to take the equipment for use on hire). The 1st petitioners agree to give on lease diverse machineries/equipment listed in the L











































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