https://www.taxtmi.com/circulars?id=54687 Service tax liability for hiring, leasing or licensing of goods hinges on whether the contract effects a transfer of the right to use goods; if not, such supply is a declared service. Apply the Supreme Court criteria: goods available for delivery, consensus on identity, transferee's legal right to use (with permissions), exclusivity of that right vis-a -vis the transferor for the period, and inability of the owner to re-transfer the same right. Distinguish financial versus operating leases and dry versus wet leases as factual indicators; examine contract terms rather than assume generalisations. en-us Wed, 17 Aug 2016 00:00:00 +0530 Fri, 19 Aug 2016 10:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/circulars?id=54687 Service tax liability for hiring, leasing or licensing of goods hinges on whether the contract effects a transfer of the right to use goods; if not, such supply is a declared service. Apply the Supreme Court criteria: goods available for delivery, consensus on identity, transferee's legal right to use (with permissions), exclusivity of that right vis-a -vis the transferor for the period, and inability of the owner to re-transfer the same right. Distinguish financial versus operating leases and dry versus wet leases as factual indicators; examine contract terms rather than assume generalisations. Circulars Service Tax Wed, 17 Aug 2016 00:00:00 +0530 https://www.taxtmi.com/circulars?id=54687