https://www.taxtmi.com/caselaws?id=161311 Rent collected for delayed return of gas cylinders supplied with industrial gas was held not to be consideration for transfer of the right to use goods. The Kerala High Court reasoned that the sale was only of gas, not of the cylinders, and that the cylinders had to be returned after use. A charge imposed for detention beyond the permitted period was intended to secure prompt return and operated as an incidental or penal charge, not as payment under any agreement conferring a right to use the cylinders. The amount was therefore not taxable turnover under section 5(1)(iii) of the Kerala General Sales Tax Act, 1963, and the assessment was to be revised by deleting it. en-us Tue, 29 Oct 2002 00:00:00 +0530 Tue, 14 Jan 2014 16:05:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=161311 Rent collected for delayed return of gas cylinders supplied with industrial gas was held not to be consideration for transfer of the right to use goods. The Kerala High Court reasoned that the sale was only of gas, not of the cylinders, and that the cylinders had to be returned after use. A charge imposed for detention beyond the permitted period was intended to secure prompt return and operated as an incidental or penal charge, not as payment under any agreement conferring a right to use the cylinders. The amount was therefore not taxable turnover under section 5(1)(iii) of the Kerala General Sales Tax Act, 1963, and the assessment was to be revised by deleting it. Case-Laws VAT and Sales Tax Tue, 29 Oct 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=161311