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2016 (2) TMI 1044 - AT - Service TaxLeasing of capital goods - whether the transaction between the appellants and the joint venture company for leasing out the capital goods would fall under the category of supply of tangible goods for use service? - Held that: - the capital goods are in the possession of the lessee and is being used by him for the intended purpose without any interference or hurdle from the appellants. On going through the clauses of agreement, it is found that the appellants had handed over the capital goods possession to the lessee as also the right to use. These two important factors that determine the requirement as to whether the service is a taxable service or otherwise under supply of tangible goods for use services - demand set aside - appeal allowed - decided in favor of appellant.
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