ORDER

(Order of the Court was made by Mohammed Shaffiq J.)

The present writ petition is filed challenging the order of the Sales Tax Appellate Tribunal, insofar as it confirms the order of the Appellate Assistant Commissioner finding that the lease agreement entered into between the petitioner and M/s. Grace Oils Private Limited would constitute transfer of right to use goods, inside the State of Tamil Nadu, thereby attracting levy of sales tax under Section 3-A of the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred to as TNGST Act, 1959)

2. BRIEF FACTS:

2.1. Petitioner is a public limited company and was registered under the TNGST Act, 1959. During the year 1997-98, petitioner entered into a lease agreement dated 01.04.1997 with M/s. Grace Oils Private Limited for the lease of a Vanaspathi factory. Subject matter of lease i.e., factory includes lands, building, factory, plant and machinery installed therein along with other movables. Agreement was executed at Ludhiana. Agreement is one single contract for lease of the factory as a whole including land, building, plant and machinery and other movables. Consideration is a lumpsum consideration and not divisible into one f