https://www.taxtmi.com/caselaws?id=430072 Under Article 366(29A)(d) of the Constitution, the taxable event for a deemed sale involving transfer of the right to use goods is the transfer itself, not the mere use of the goods. In the absence of a contrary legal fiction fixing situs, the place of taxable sale is where the written agreement transferring that right is executed. On that footing, a lease transaction executed outside the State could not be taxed merely because the goods were used within the State, and the earlier view was stated to be inconsistent with settled law. The review petition was therefore treated as maintainable on merits and the prior dismissal was set aside, with the writ petition restored for rehearing. en-us Fri, 04 Nov 2022 00:00:00 +0530 Thu, 10 Nov 2022 16:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=430072 Under Article 366(29A)(d) of the Constitution, the taxable event for a deemed sale involving transfer of the right to use goods is the transfer itself, not the mere use of the goods. In the absence of a contrary legal fiction fixing situs, the place of taxable sale is where the written agreement transferring that right is executed. On that footing, a lease transaction executed outside the State could not be taxed merely because the goods were used within the State, and the earlier view was stated to be inconsistent with settled law. The review petition was therefore treated as maintainable on merits and the prior dismissal was set aside, with the writ petition restored for rehearing. Case-Laws VAT and Sales Tax Fri, 04 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=430072