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Transfer of goods by way of hiring leasing licensing or in any other manner

Service Tax - Declared Services - 06 - Chapter 6 Effective date: 1.7.2012 Scope of Declared Service - Section 66E (f) Transfer of goods by way of hiring, leasing, licensing or in any such manner without transfer of right to use such goods. Analysis: State governments do not have any power to tax a transaction where there is no transfer of right of possession and effective control to the other party. There are so many transactions in which only use of goods are permitted to other party while cont .....

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ansfer of an air conditioner, in which both possession and control transferred to other party. Clarification by the Board (Taxation Guide - Guidance Note -6 - Exemptions dated 20.06.2012) 6.6.1 What is the meaning and scope of the phrase transfer of right to use such goods Transfer of right to use goods is a well-recognized constitutional and legal concept. Every transfer of goods on lease, license or hiring basis does not result in transfer of right to use goods. Transfer of right of goods invo .....

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to determine whether a transaction involves transfer of right to use goods, which has been followed by the Supreme Court and various High Courts, is as follows: • There must be goods available for delivery; • There must be a consensus ad idem as to the identity of the goods; • The transferee should have legal right to use the goods - consequently all legal consequences of such use including any permissions or licenses required therefore should be available to the transferee; &bull .....

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