Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2018 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (3) TMI 634 - CESTAT NEW DELHISupply of Tangible Goods service - place of provision of services - the appellant purchased wagons, and lease them to railways for a period of 20 years - Held that: - it appears that the amendment came into existence w.e.f. 16.05.2008 in the Finance Act, 1994. But the agreement was executed in the year 1997. The identical issue has come up before the Tribunal in the case of Petronet LNG Ltd. Vs. CST, New Delhi [2013 (11) TMI 1011 - CESTAT NEW DELHI], where the moveable vessel was given on lease rent and it was held that on the long term agreements of the movable property i.e. tanker, the transactions fall within the ambit of the exclusionary clause of Section 65(105)(zzzzj) of the Act and therefore immune to the liability to Service tax. In the instant case, the wagon are not located during the entire period by the appellant within the territory of India so the appellant is not liable to pay service tax under the reverse charge mechanism in view of the proviso to Rule 3(iii). Appeal allowed - decided in favor of appellant.
|