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2016 (1) TMI 888 - AT - Service TaxSupply of tangible goods - revenue was of the view that allowing use of such capital assets amounts to providing of services, namely, "supply of tangible goods" service. - Held that:- It is not disputed that the appellants have already discharged VAT on the transaction. The terms of the agreement have been examined in the Order in Appeal in detail. Hon'ble High Court of AP in case of Rashtriya Ispat Nigam Ltd. vs Commercial Tax Officer [1989 (12) TMI 325 - ANDHRA PRADESH HIGH COURT] - The contract needs a detailed examination vis a vis the decisions of the courts interpreting this constitutional provision. Considering that the appellants have paid VAT on the transaction it will be in the interest of justice to allow stay of the recovery subject to deposite of Rs Three Lakhs only within eight weeks of this order. - stay granted partly.
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