Levy of Tax on the transaction of artificially created light energy consequent upon the provision of Broadband connections to subscribers - No. 268/CDVAT/2010/35 - Delhi Value Added Tax
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Artificially created light energy treated as taxable goods when supplied with broadband connectivity, classified as intangible goods. The artificially created light energy transmitted through optic fibre for broadband service is classified as goods because it is capable of being bought, sold, transmitted and possessed; transfers of the right to use that light energy to subscribers for consideration constitute sale under the DVAT Act and are taxable. Such supplies are treated as intangible goods within Entry No. 3 of the Third Schedule and are subject to VAT at the rate of 5%, effective from publication in the official gazette.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Artificially created light energy treated as taxable goods when supplied with broadband connectivity, classified as intangible goods.
The artificially created light energy transmitted through optic fibre for broadband service is classified as goods because it is capable of being bought, sold, transmitted and possessed; transfers of the right to use that light energy to subscribers for consideration constitute sale under the DVAT Act and are taxable. Such supplies are treated as intangible goods within Entry No. 3 of the Third Schedule and are subject to VAT at the rate of 5%, effective from publication in the official gazette.
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