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The AAAR held that leasing of electric vehicles (E-Bikes/EVs) without operator is classifiable under heading 9971 for Financial and related services under Sl. No. 15(ii) of Notification No. 11/2017-CT(R) dated 28.06.2017 as amended. The rate of tax will be the same as applicable on supply of like goods involving transfer of title. The AAAR examined the Vehicle Lease Agreement and found transfer of effective control, physical possession, and right to use the EVs to the lessee. The lessee was responsible for repair, maintenance, running expenses, timely renewal of documents, and insurance. The AAAR relied on the Supreme Court's judgment in The Great Eastern Shipping Co. Ltd. case regarding interpretation of 'transfer of right to use goods'.
The AAAR held that leasing of electric vehicles (E-Bikes/EVs) without operator is classifiable under heading 9971 for Financial and related services under Sl. No. 15(ii) of Notification No. 11/2017-CT(R) dated 28.06.2017 as amended. The rate of tax will be the same as applicable on supply of like goods involving transfer of title. The AAAR examined the Vehicle Lease Agreement and found transfer of effective control, physical possession, and right to use the EVs to the lessee. The lessee was responsible for repair, maintenance, running expenses, timely renewal of documents, and insurance. The AAAR relied on the Supreme Court's judgment in The Great Eastern Shipping Co. Ltd. case regarding interpretation of 'transfer of right to use goods'.
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