Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
The case involved the interpretation of Article 366 (29A) of the Constitution regarding the transfer of right of use goods. The High Court examined whether contracts for hiring launch vehicles for a bridge project constituted a sale or a service under Section 65 (105) (zzzzj) of the Finance Act, 1994. The court held that the contracts were service contracts as the essential elements of a sale were absent. The court emphasized that the control over the vessels remained with the petitioners, making it a service contract. Citing the case of M/s K. P. Mozika, the court concluded that there was no transfer of right of use, and the contracts fell within the ambit of service contracts. Consequently, the impugned order was set aside, and the respondents were directed to process the application for refund. The writ petition was allowed.
The case involved the interpretation of Article 366 (29A) of the Constitution regarding the transfer of right of use goods. The High Court examined whether contracts for hiring launch vehicles for a bridge project constituted a sale or a service under Section 65 (105) (zzzzj) of the Finance Act, 1994. The court held that the contracts were service contracts as the essential elements of a sale were absent. The court emphasized that the control over the vessels remained with the petitioners, making it a service contract. Citing the case of M/s K. P. Mozika, the court concluded that there was no transfer of right of use, and the contracts fell within the ambit of service contracts. Consequently, the impugned order was set aside, and the respondents were directed to process the application for refund. The writ petition was allowed.
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