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VAT not applicable on transfer of right to use of goods if effective possession and control of the goods are not transferred

Value Added Tax - VAT and CST - By: - Bimal jain - Dated:- 3-8-2015 - Dear Professional Colleague, We are sharing with you an important judgment of the Hon ble High Court of Delhi, in the case of Hari Durga Travels Vs. Commissioner of Trade & Taxes, Delhi [2015 (5) TMI 461 - DELHI HIGH COURT] on the following issue: Issue: Whether the Agreement of giving on hire two Deluxe buses for being run on the routes as per requirement of the person to whom they are hired, constitutes transfer of right .....

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o withdraw the bus from operation without prior written consent of DTC nor can it use these vehicles for any other purpose at any time , nor transfer or otherwise alienate (except with prior written permission of DTC) vehicles during the period of Agreement. The Appellant received certain amount from DTC on account of hire charges for running its buses under said Agreement. The Assessing Authority treated above transaction as Deemed Sale on account of transfer of right to use goods and imposed V .....

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79 - DELHI HIGH COURT] held that: The various terms of the Agreement make it vividly clear that the possession has always remained with the Appellant itself; Undoubtedly, it is the obligation of the Appellant to make the vehicles available, with their respective drivers, for being deployed on routes, and as per schedule, specified by DTC. However, the registration certificate and the permits continue to be in the control and possession of the Appellant who continued to be responsible for all rep .....

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at No. 34B, Ground Floor, Pocket - 1, Mayur Vihar Phase-1 Delhi - 110091 (India) Tel: +91 11 22757595/ 42427056 Chandigarh: H. No. 908, Sector 12-A, Panchkula, Haryana - 134115 Kolkata: Ist Floor, 10 R G Kar Road Shyambazar, Kolkata - 700 004 Email: bimaljain@hotmail.com Web: www.a2ztaxcorp.com LinkedIn: https://in.linkedin.com/pub/bimal-jain/14/601/4b4 Face book: https://facebook.com/bimal.jain.90 Twitter: https://twitter.com/JainTax YouTube: https://www.youtube.com/channel/UCp0tT5ShjB4KHJRSlPc .....

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