Supervisory permanent establishment requires project-wise duration and qualifying construction nexus; offshore supplies and salary reimbursements rema...
Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
HC ruled that renting cinematographic equipment constituted a deemed sale with transfer of right to use, not a taxable service under Section 66 of Finance Act, 1994. The agreement demonstrated transfer of both possession and effective control to the hirer, evidenced by inspection rights, damage reporting obligations, and equipment condition acknowledgments. The transaction qualified as deemed sale under Article 366(29A) of Constitution, involving transfer of right to use goods for valuable consideration. HC quashed the original order that had incorrectly interpreted the agreement terms regarding possession and control transfer. The case established that where right of possession and effective control transfers, service tax cannot be levied as it falls outside the scope of taxable services.
HC ruled that renting cinematographic equipment constituted a deemed sale with transfer of right to use, not a taxable service under Section 66 of Finance Act, 1994. The agreement demonstrated transfer of both possession and effective control to the hirer, evidenced by inspection rights, damage reporting obligations, and equipment condition acknowledgments. The transaction qualified as deemed sale under Article 366(29A) of Constitution, involving transfer of right to use goods for valuable consideration. HC quashed the original order that had incorrectly interpreted the agreement terms regarding possession and control transfer. The case established that where right of possession and effective control transfers, service tax cannot be levied as it falls outside the scope of taxable services.
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TaxTMI 
TaxTMI 
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