- (1.) BHARATI Sapru, J. Heard Sri Kshitij hailendra, learned counsel for the assessee and Sri B. K. Pandey, learned Standing Counsel for the State.
(2.) THIS revision has been filed by the assessee under Section 11 of the U. P. Trade Tax Act for the assessment year 1995-96. The question of law referred to is as hereunder:- (i) Whether on the facts and circumstances of the case the tribunal was right in holding that the right to receive the rent in the present case towards hire-purchase will amount right of transfer to use the vehicle? The facts of the case are that the assessee had given one Maruti Car No. DA-1-C/772 and Truck No. UHP-966 to M/s Dugdh Utpadak Sahkari Sangh on rent of Rs. 225/- and Rs. 500/- per day vide agreement dated 25. 6. 1994. The agreement is appended as Annexure-1 to the revision. Under the terms of the agreement a daily rent was to be paid for both the Car and the Truck and apart from that Rs. 15 per km. were to be charged. The ownership remain with the assessee but the two vehicles were given into exclusive use of Dugdh Utpadan Sangh. The salary of the driver and conductor were to be paid by the assessee and the cost of maintenance was also to be borne by the assessee.
(3.) IT is the contention of the counsel for the assessee that a plain perusal of the agreement would show that it was not an agreement for a right to use the vehicle but was merely in the nature of a service. The assessing officer by its order dated 28. 3. 1998 imposed tax of a sum of Rs. 24, 146/- on the assessee.;