B.RAJENDRAN, A.KULASEKARAN
Madras Hire Purchase Association represented by Mr. Nitin Sagan & Others – Appellant
Versus
Union of India rep. by its Secretary Ministry of Finance Government of India & Others – Respondent
A. Kulasekaran, J.
1. The prayer in all the above writ petitions i.e., W.P. Nos. 14905, 15327, 15328, 15559 and 15560 of 2001 are identical, W.A. No. 4119 of 2003 was filed against the vacation of the interim order passed in WP No. 15328 of 2001, hence, all the writ petitions as well as the writ appeal are disposed of by this common judgment.
2. The learned senior counsel Mr. Aravind P. Datar appearing for the petitioners submitted that the writ petitioners are non banking financial companies engaged in the business of hire purchase and leasing; that 46th Amendment inserted Article 366 (29A), of the Constitution of India, in which clauses a to f, particularly clauses c & d, which are relevant to this case, explain the ambit of the expressions of tax on the delivery of goods on hire-purchase or any system of payment by instalment and also a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; that the said expression is also found in the Entry 54 of List II; that after the said 46th Amendment, hire purchase and leasing transactions are treated as deemed sales a
2. K. Damodarasamy Naidu & Bros. v. State of Tamil Nadu 2000 (1) SCC Page No.521
5. Tamil Nadu Kalyana Mandapam Association vs. Union of India) (2004) 167 ELT 3 (SC)
7. All-India Federation of Tax Practitioners v. Union of India
10. Governor General in Council vs. Province of Madras AIR 1945 PC 98
11. Sonia Bhatia vs. State of Uttar Pradesh (1981) 2 SCC 585
1. Bharat Sanchar Nigam Ltd. v. Union of India
3. Imagic Creative (P) Ltd. v. Commissioner of Commercial Tax
8. Gujarat Ambuja Cements Ltd. v. Union of India 2005 (182) E.L.T. 33 (S.C.)
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