https://www.taxtmi.com/caselaws?id=234992 Hiring of earthmoving equipment was treated as a transfer of right to use goods, not as the taxable service of supply of tangible goods for use, because the agreement gave the hirer effective possession and control while allocating custody, misuse, third-party dispute and damage risks to the hirer. VAT on the monthly invoice value further supported the characterisation as a deemed sale. On that basis, the transaction was said to fall outside service tax under that category, and the appellant established a strong prima facie case for waiver of pre-deposit and stay of recovery; the stay petition was allowed. en-us Fri, 15 Mar 2013 00:00:00 +0530 Thu, 14 Nov 2013 12:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=234992 Hiring of earthmoving equipment was treated as a transfer of right to use goods, not as the taxable service of supply of tangible goods for use, because the agreement gave the hirer effective possession and control while allocating custody, misuse, third-party dispute and damage risks to the hirer. VAT on the monthly invoice value further supported the characterisation as a deemed sale. On that basis, the transaction was said to fall outside service tax under that category, and the appellant established a strong prima facie case for waiver of pre-deposit and stay of recovery; the stay petition was allowed. Case-Laws Service Tax Fri, 15 Mar 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=234992