9911796707
TMI Blog2024 (12) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... ELD THAT:- The appellant have given Gas Engine on rent to M/s. Gujarat Insecticides Ltd under an MOU dated 04.01.2011. It is the submission of the appellant that they have transferred effective control and right to possession to M/s.Gujarat Insecticides Ltd., they have also paid the VAT on the said rental amount. Therefore, the transaction is of deemed sale. On the basis of the aforesaid undispute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvolved in the present case is that whether the appellant has provided a service of supply of tangible goods as per Section 65 (105) (zzzzj) by giving a Gas Engine on rent basis to Gujarat Insecticides Ltd under an MOU dated 04.01.2011. 2. Shri Dhaval K Shah, Ld. Counsel appearing on behalf of the appellant submits that as per the rent agreement the appellant has provided Gas Engine on rent to Guj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue, reiterates the findings of the impugned order. 4. On the careful consideration of the submissions made by both the sides and perusal of the records, we find that the appellant have given Gas Engine on rent to M/s. Gujarat Insecticides Ltd under an MOU dated 04.01.2011. It is the submission of the appellant that they have transferred effective control and right to possession to M/s.Gujarat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f any goods which is deemed to be a sale within the meaning of clause (29A) of article 366 of the Constitution; or (iii) a transaction in money or actionable claim; From the above definition of input service which is effective from 01.07.2012 as per clause (ii) of Clause (a) of sub section (44) of Section 65B of the Finance Act, 1994 the deemed sale within the meaning of Clause (29A) of Article 36 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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