https://www.taxtmi.com/caselaws?id=379512 Leasing of gas cylinders was treated as a deemed sale where the lessee obtained possession and effective control, with operational responsibility and maintenance obligations. On that basis, the transaction fell within Article 366(29A)(d) as a transfer of the right to use goods and was liable to VAT, not taxable as supply of tangible goods for use under the Finance Act, 1994. Applying the settled test of whether possession and effective control had passed to the user, the service tax demand, interest, and penalties could not be sustained, and the assessee's appeal succeeded. en-us Thu, 02 May 2019 00:00:00 +0530 Fri, 03 May 2019 13:44:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=379512 Leasing of gas cylinders was treated as a deemed sale where the lessee obtained possession and effective control, with operational responsibility and maintenance obligations. On that basis, the transaction fell within Article 366(29A)(d) as a transfer of the right to use goods and was liable to VAT, not taxable as supply of tangible goods for use under the Finance Act, 1994. Applying the settled test of whether possession and effective control had passed to the user, the service tax demand, interest, and penalties could not be sustained, and the assessee's appeal succeeded. Case-Laws Service Tax Thu, 02 May 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=379512