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2018 (4) TMI 1398 - AT - Service TaxNature of activity - Service or sale - transfer of "rights and privilege of export of sugar quota" - whether the transaction is service or in goods? - Held that: - reliance placed in decision of Hon'ble Supreme Court in the case of Vikas Sales Corporation [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. The transaction in question regarding sale of rights and privilege of export of sugar quota is sale of goods and no service is involved - appeal dismissed - decided against Revenue.
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