https://www.taxtmi.com/caselaws?id=754015 CESTAT NEW DELHI held that transfer of railway rakes to railways constituted deemed sale under Article 366(29A) of the Constitution, not a taxable service. The rakes were clearly identifiable and railways obtained exclusive right to use them, with effective control and possession transferred to railways. The appellant was precluded from giving same rakes to others during contract period. Following precedent in MSPL case, the transaction qualified as deemed sale regardless of whether VAT was paid, as nature of transaction doesn't change based on tax payment. Revenue's appeal was dismissed. en-us Fri, 07 Jun 2024 00:00:00 +0530 Sat, 15 Jun 2024 08:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=754015 CESTAT NEW DELHI held that transfer of railway rakes to railways constituted deemed sale under Article 366(29A) of the Constitution, not a taxable service. The rakes were clearly identifiable and railways obtained exclusive right to use them, with effective control and possession transferred to railways. The appellant was precluded from giving same rakes to others during contract period. Following precedent in MSPL case, the transaction qualified as deemed sale regardless of whether VAT was paid, as nature of transaction doesn't change based on tax payment. Revenue's appeal was dismissed. Case-Laws Service Tax Fri, 07 Jun 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=754015