Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + AT VAT and Sales Tax - 2014 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (1) TMI 1004 - VALUE ADDED TAX TRIBUNAL, PUNJAB, CHANDIGARHLevy of VAT on Transfer of right to use ATM - Penalty U/s 51 (7) (b) of the Punjab Value Added Tax Act, 2005 - Registered dealer under the Act, 2005 - Held that:- The appellant procures ATM Machines and the related equipments in compliance of the service agreement between the appellant and the Banks, to be installed, operated and deployed at various locations in Punjab, whereby the possession, control, management, operation and the property in goods throughout remains with the appellant as is clear from the terms of agreement. The appellant is compensated for deployment of ATMs and their management by a transaction fee to be paid every time by a customer of the bank on availing the facility of ATMs successfully - accessibility to the ATM being provided to the bank customer did not put the customer in possession of ATM or any part thereof and the element of sales is not involved - Decided in favor of assessee.
|