https://www.taxtmi.com/caselaws?id=463216 The CESTAT Kolkata held that the appellant's hiring out of equipment constituted a deemed sale under the Assam VAT Act, with VAT duly paid, thus service tax was not exigible. The agreement showed effective control passed to the hirer, negating service tax liability. The Revenue failed to prove erroneous VAT payment or suppression of facts to justify extended period demand or penalty under Section 78 of the Finance Act, 1994. Consequently, the extended period demand and penalty were set aside. The appeal was allowed both on merits and time bar grounds. en-us Wed, 11 Sep 2024 00:00:00 +0530 Fri, 15 Aug 2025 21:55:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=463216 The CESTAT Kolkata held that the appellant's hiring out of equipment constituted a deemed sale under the Assam VAT Act, with VAT duly paid, thus service tax was not exigible. The agreement showed effective control passed to the hirer, negating service tax liability. The Revenue failed to prove erroneous VAT payment or suppression of facts to justify extended period demand or penalty under Section 78 of the Finance Act, 1994. Consequently, the extended period demand and penalty were set aside. The appeal was allowed both on merits and time bar grounds. Case-Laws Service Tax Wed, 11 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=463216