Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Earth Station Equipment Leasing Constitutes Taxable Supply of Tangible Goods Services, Not Transfer of Right to Use

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT held that leasing of earth station equipment constituted taxable "Supply of Tangible Goods Services" rather than transfer of right to use. Following precedents in Sahara Sanchaar Ltd. and Supreme Court decisions in Adani Gas Ltd. and K.P. Mozika, the Tribunal distinguished between transferring right to use goods versus merely licensing their use. Since appellant retained control and ownership while allowing usage against lease rent, the services remained taxable. Appeal was partly allowed only to the extent of granting cum-tax benefit for valuation purposes, while penalties were upheld. Matter remanded to original authority for recalculation of tax demand incorporating the cum-tax benefit.....