1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SALES TAX APPLICATION NO. 77 OF 2008 IN REFERENCE APPLICATION NO. 88 OF 2005 The Commissioner of Sales Tax & Anr. .. Applicant V/s M/s Mahindra Ugine Steel Co. Ltd. .. Respondents Mr. J.S. Saluja, A.G.P. For the applicant. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATE : 7TH AUGUST 2009 P.C. : 1. The applicant is directed to make a reference to this Court on the following questions:- (i) Whether on the facts and in the circumstances of the case, and in true and correct interpretation of section 2(13) and section 2(28) of the B.S.T. Act, 1959 the Tribunal was justified in holding that the transactions in respect of machinery (i.e. Walking Beam Furnace), in the instant case do not amount to 2 sales liable to tax under the provisions of the Bombay Sales Tax Act, 1959? (ii) Whether on the facts and in the circumstances of the case, and in true and correct interpretation, the Tribunal was justified in holding that the transaction in respect of the aforesaid machinery was pertaining to the immovable property? (iii) Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the transaction in respect of the aforesaid machinery (i.e. Walking Beam Furnace) in the instant case was merely a financing transaction, not involving any sale of goods? 2. The reference be forwarded to this Court within 8 weeks from the date of receipt of this order. 3. The application is disposed of accordingly. (D.G. KARNIK, J.) (F.I. REBELLO, J.)