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    <title>2008 (7) TMI 857 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Leasing of advertisement hoardings was not taxable under section 5E because the decisive test was whether there was a transfer of the right to use goods. The hoardings were found to be permanently fixed and therefore immovable property, so the arrangement was treated as mere hiring rather than a taxable transfer of goods. On that basis, the levy under section 5E did not apply. A transaction involving advertisement hoardings attracts tax only when the right to use goods is actually transferred; mere hire of immovable hoardings falls outside the charging provision.</description>
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    <pubDate>Mon, 14 Jul 2008 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=163010</link>
      <description>Leasing of advertisement hoardings was not taxable under section 5E because the decisive test was whether there was a transfer of the right to use goods. The hoardings were found to be permanently fixed and therefore immovable property, so the arrangement was treated as mere hiring rather than a taxable transfer of goods. On that basis, the levy under section 5E did not apply. A transaction involving advertisement hoardings attracts tax only when the right to use goods is actually transferred; mere hire of immovable hoardings falls outside the charging provision.</description>
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      <pubDate>Mon, 14 Jul 2008 00:00:00 +0530</pubDate>
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