https://www.taxtmi.com/highlights?id=78720 The High Court considered the issue of deemed sale u/s 2(40) of the Uttarakhand Value Added Tax Act, 2005, upholding the assessment by the Assistant Commissioner. The net turnover calculation u/s Rule 15(2) allows deductions for specified amounts. Citing M/S. K.P. MOZIKA case, the Supreme Court clarified that providing vehicles for transport doesn't constitute transfer of right to use goods. Referring to STATE OF ANDHRA PRADESH case, it emphasized that contracts not involving transfer of right to use goods aren't subject to VAT. The Tribunal erred in treating transactions as deemed sale. Therefore, deduction for driver's salary, cleaner, and fuel costs is not applicable, as the transaction wasn't taxable. Revision was allowed. en-us Sat, 22 Jun 2024 08:35:40 +0530 Sat, 22 Jun 2024 08:35:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=78720 The High Court considered the issue of deemed sale u/s 2(40) of the Uttarakhand Value Added Tax Act, 2005, upholding the assessment by the Assistant Commissioner. The net turnover calculation u/s Rule 15(2) allows deductions for specified amounts. Citing M/S. K.P. MOZIKA case, the Supreme Court clarified that providing vehicles for transport doesn't constitute transfer of right to use goods. Referring to STATE OF ANDHRA PRADESH case, it emphasized that contracts not involving transfer of right to use goods aren't subject to VAT. The Tribunal erred in treating transactions as deemed sale. Therefore, deduction for driver's salary, cleaner, and fuel costs is not applicable, as the transaction wasn't taxable. Revision was allowed. Highlights VAT and Sales Tax Sat, 22 Jun 2024 08:35:40 +0530 https://www.taxtmi.com/highlights?id=78720