The CESTAT ruled that the leasing of "Scaffolding items" by the ...
Leasing of scaffolding items attracts VAT, not service tax, rules tribunal.
December 12, 2024
Case Laws Service Tax AT
The CESTAT ruled that the leasing of "Scaffolding items" by the Appellant, on which VAT had been paid as a deemed sale within the meaning of Article 366(29A)(d) of the Constitution of India, did not attract service tax liability. The Tribunal held that there was a transfer of the right to use, possession, and effective control over the scaffolding items in favor of the lessees. Consequently, the transaction qualified as a deemed sale liable for VAT, and not a service subject to service tax. The Tribunal set aside the impugned order, allowing the appeal.
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