https://www.taxtmi.com/caselaws?id=768531 CESTAT Allahabad held that lease of plant constituted 'deemed sale' rather than supply of tangible goods service, exempting it from service tax. Despite appellant providing operation and maintenance services, the lease agreement transferred complete physical possession and control to customer with exclusive right to use plant during lease period. Court found lease terms satisfied Supreme Court tests for transfer of right to use goods per BSNL vs. Union of India. Service tax demand of Rs.11,12,977 with interest and penalty set aside. Appeal allowed on merits and limitation grounds. en-us Mon, 07 Apr 2025 00:00:00 +0530 Wed, 09 Apr 2025 07:42:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768531 CESTAT Allahabad held that lease of plant constituted 'deemed sale' rather than supply of tangible goods service, exempting it from service tax. Despite appellant providing operation and maintenance services, the lease agreement transferred complete physical possession and control to customer with exclusive right to use plant during lease period. Court found lease terms satisfied Supreme Court tests for transfer of right to use goods per BSNL vs. Union of India. Service tax demand of Rs.11,12,977 with interest and penalty set aside. Appeal allowed on merits and limitation grounds. Case-Laws Service Tax Mon, 07 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768531