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    <title>2025 (1) TMI 939 - CESTAT HYDERABAD</title>
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    <description>CESTAT Hyderabad held that the appellant&#039;s contract with MPT for supply of tug services constituted service under Supply of Tangible Goods rather than deemed sale, making it liable to Service Tax instead of VAT. The tribunal found the contract did not transfer absolute right to use or effective control as the appellant retained substantial operational responsibilities including crew wages, repairs, and insurance. Service Tax was applicable only on payments received after introduction of STG service from March 1, 2008. Extended period of limitation and penalty were set aside due to appellant&#039;s bonafide belief based on VAT authority clarification. Appeal allowed in part by remand.</description>
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    <pubDate>Mon, 20 Jan 2025 00:00:00 +0530</pubDate>
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      <title>2025 (1) TMI 939 - CESTAT HYDERABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=764875</link>
      <description>CESTAT Hyderabad held that the appellant&#039;s contract with MPT for supply of tug services constituted service under Supply of Tangible Goods rather than deemed sale, making it liable to Service Tax instead of VAT. The tribunal found the contract did not transfer absolute right to use or effective control as the appellant retained substantial operational responsibilities including crew wages, repairs, and insurance. Service Tax was applicable only on payments received after introduction of STG service from March 1, 2008. Extended period of limitation and penalty were set aside due to appellant&#039;s bonafide belief based on VAT authority clarification. Appeal allowed in part by remand.</description>
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