Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
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The appellant had provided earth moving equipment on monthly rent basis, transferring the right of possession and use to the lessee. This transaction constituted a deemed sale under Article 366(29A)(d) of the Constitution of India, as evidenced by the appellant paying State VAT. As per Section 65B(44) of the post-2012 negative list regime, activities constituting deemed sale are excluded from the definition of 'service'. Consequently, the renting of earth moving equipment did not qualify as a taxable service. The Tribunal held that the transaction was a deemed sale, not a service, and set aside the impugned order, allowing the appeal.
The appellant had provided earth moving equipment on monthly rent basis, transferring the right of possession and use to the lessee. This transaction constituted a deemed sale under Article 366(29A)(d) of the Constitution of India, as evidenced by the appellant paying State VAT. As per Section 65B(44) of the post-2012 negative list regime, activities constituting deemed sale are excluded from the definition of 'service'. Consequently, the renting of earth moving equipment did not qualify as a taxable service. The Tribunal held that the transaction was a deemed sale, not a service, and set aside the impugned order, allowing the appeal.
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