https://www.taxtmi.com/caselaws?id=445327 For levy of service tax on supply of tangible goods for use, the decisive test was whether the arrangement transferred the right to use the vessel without transferring possession and effective control. Voyage charter receipts under Fixture Notes were treated as contracts for carriage of goods on freight terms, not as hire of the vessel, so that demand failed. By contrast, the time charter receipts were upheld, while the bareboat charter placed the vessel in the charterer's full possession and control and fell outside the taxable service. An interest-free refundable security deposit under a lease deed could not be recharacterised as advance rent, and the extended period was unavailable absent suppression with intent to evade tax; penalty was also deleted for the disputed portions. en-us Thu, 15 Jun 2023 00:00:00 +0530 Wed, 19 Jun 2024 17:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445327 For levy of service tax on supply of tangible goods for use, the decisive test was whether the arrangement transferred the right to use the vessel without transferring possession and effective control. Voyage charter receipts under Fixture Notes were treated as contracts for carriage of goods on freight terms, not as hire of the vessel, so that demand failed. By contrast, the time charter receipts were upheld, while the bareboat charter placed the vessel in the charterer's full possession and control and fell outside the taxable service. An interest-free refundable security deposit under a lease deed could not be recharacterised as advance rent, and the extended period was unavailable absent suppression with intent to evade tax; penalty was also deleted for the disputed portions. Case-Laws Service Tax Thu, 15 Jun 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445327