Navigating the Taxation Labyrinth: The Supreme Court's Guidance on Transfer of Right to Use Goods

Transfer of right to use goods: contracts retaining operational control are service arrangements, not deemed sales under VAT.

The issue is whether supply agreements for cranes, trailers and tank trucks amount to a transfer of the right to use goods under the deemed sale provision. Applying the five BSNL tests-availability of goods, consensus on identity, transferee's legal right to use, exclusivity of use, and non transferability by owner-the contracts failed to meet the criteria. Contractors retained possession, crew, fuel, maintenance and liability, and transferees had only permissive use without effective control, so the arrangements were services, not deemed sales under VAT/sales tax.