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2013 (3) TMI 273 - AT - Service TaxService tax on lease of aircraft - Operating Lease Agreement - transfer or right to use the aircraft - appellant submitted that, in terms of sub-clause (d) of the Article 366(29A), tax on the sale or purchase of goods included a tax on transfer or right to use any goods for any purpose for cash. - appellant clarifies that no sales tax is being paid on the said deal, on account of import of the aircraft, which is covered by exemption in terms of provisions of Section 5 of the General Sales Tax Act, 1956. Nevertheless, he submits that inasmuch as the deal is required to be considered as ‘deemed sale’ and the sales tax and service tax being mutually exclusive to each other, the confirmation of service tax against the appellants is not justified. The appellants has a good prima facie case in its favour. - stay granted.
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