JUDGMENT :

Rajan Roy, J.

1. The following questions have been referred for our consideration by a Division Bench of this Court vide reference order dated 24.05.2018 passed in Writ Petition No. 4529(M/B) of 2018; Mahindra & Mahindra Financial Services Ltd. Vs. State of U.P. through Principal Secretary, Transport & Others:-

“1. Whether in view of Sections 2(g), 2(h), 4, 9, 10, 12, 13, 14 and 20 of the Act, 1997 read with Sections 39, 50 and 51 of the Act, 1988 and other relevant provisions of the said enactments and the Rules of 1998 and 1989, a Financier of a motor vehicle/ transport vehicle in respect of which a hire-purchase, lease or hypothecation agreement has been entered, is liable to tax from the date of taking possession of the said vehicle under the said agreements, even if, its name is not entered in the Certificate of Registration or not? If not, who is liable in this regard?

2. Whether the judgments rendered in the case of Lakhimpur Finvest Company Ltd. (supra), Manish Mukhriya (supra) and Shri Prakash (supra) and/or the judgments rendered in the case of Amar Nath Chaube