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Service Tax - Highlights / Catch Notes

Home Highlights February 2024 Year 2024 This

Supply of Tangible Goods - appellant had provided the excavators ...


Excavator and JCB leases deemed tax-free as tribunal rules possession and control transferred, overturns service tax demand.

February 5, 2024

Case Laws     Service Tax     AT

Supply of Tangible Goods - appellant had provided the excavators & JCB machines without transferring right of possession & effective control - The tribunal found that the transactions in question, covered by both long-term and short-term charter agreements regarding tankers, qualified as a transfer of the right to use goods with possession and effective control being transferred to the lessee, thereby falling outside the scope of service tax liability. Consequently, the demand for service tax, along with interest and penalties imposed, set aside.

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