Transfer of right to use goods governs diesel generator hire, excluding supply of tangible goods where control passes.
X X X X Extracts X X X X
X X X X Extracts X X X X
....Hiring diesel generator sets is analysed by applying the settled attributes of a transfer of the right to use goods: identified goods must be delivered, possession and effective control must pass, and the customer must use the goods for its own purposes. Where only a permission or licence to use is given and the supplier retains effective control, the arrangement may fall within supply of tangible goods service; where control and possession pass, it is treated as a deemed sale outside that service category. The text also notes that pre-notice payment for transportation charges was treated as settling that component, so no further proceedings survived on that part.....
TaxTMI