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    <title>2021 (2) TMI 1099 - MADRAS HIGH COURT</title>
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    <description>Hiring of mobile cranes on daily rental basis was treated as a service of supplying tangible goods for material handling, not a transfer of the right to use goods. The agreement showed that the cranes remained under the supplier&#039;s effective control, with its drivers and crew operating them, while the recipient only supervised the work. Contract terms on operating hours, maintenance records, parking restrictions, and replacement of cranes supported the conclusion that possession and effective control were not transferred. Applying the settled tests for transfer of the right to use, the arrangement did not satisfy the statutory ingredients and was therefore outside tax as such a transfer.</description>
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      <description>Hiring of mobile cranes on daily rental basis was treated as a service of supplying tangible goods for material handling, not a transfer of the right to use goods. The agreement showed that the cranes remained under the supplier&#039;s effective control, with its drivers and crew operating them, while the recipient only supervised the work. Contract terms on operating hours, maintenance records, parking restrictions, and replacement of cranes supported the conclusion that possession and effective control were not transferred. Applying the settled tests for transfer of the right to use, the arrangement did not satisfy the statutory ingredients and was therefore outside tax as such a transfer.</description>
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