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2017 (12) TMI 1078 - AT - Central ExciseNature of transaction - service or goods - transfer of rights and privilege of export of sugar quota - whether the transaction being, transfer of rights and privilege of export of sugar quota by the respondent assessee on receipt of consideration, whether the same is a service or transaction in goods? Held that: - the transaction in question regarding sale of rights and privilege of export of sugar quota is sale of goods and no service is involved - reliance placed in the case of Vikas Sales Corporation and Another Versus Commissioner of Commercial Taxes and Another [1996 (5) TMI 363 - SUPREME COURT OF INDIA], where it was held that DEPB has an intrinsic value that makes it a market commodity. Therefore, DEPB, like REP licence qualifies as goods within the meaning of the sales tax laws of Delhi, Kerala and Mumbai and its sale is exigible to tax. Appeal dismissed - decided against Revenue.
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