2023 (2) TMI 1096 - SCH - Service Tax

Nature of transaction - service or not - lease transaction - appellants have transferred the right of possession and effective control of the wagons leased out by them to the South Western Railways - appellants have also discharged applicable VAT / Sales Tax on such transaction - deemed sale or not - it was held by CESTAT that In the impugned case, the appellants have transferred the right of possession and effective control of the wagons leased out by them to the South Western Railways. The appellants have also discharged applicable VAT / Sales Tax on such transaction, therefore, the activity undertaken by the appellants does not constitute a taxable service of Supply of Tangible Goods . HELD THAT - It cannot be said that the Tribunal had committed any error which calls for interference by this Court. In fact, we are in complete agreement with the view taken by the Tribunal. Appeal dismissed.

Summary

The Supreme Court of India in 2023 (2) TMI 1096 - SC Order upheld the decision of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) and dismissed the appeals, stating that the Tribunal did not commit any error warranting interference.