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Whether the vessels or ships that are afloat are not goods and immovable property? - CESTAT says Yes. - Whether GST would be applicable on sale / supply of floating vessels or ships?

Dated:- 23-8-2016 - Commissioner of Central Excise And Service Tax (LTU) , Mumbai Versus The Shipping Corporation of India Ltd. - 2016 (8) TMI 852 - CESTAT MUMBAI The issue though has been discussed in the context of Service Tax but has far reaching implications. One of the reasons given by the Hon'ble tribunal (third member) while ascertaining the nature of transaction for the purpose of service tax is, 29 Not to be overlooked also is the performance of service on goods or equipment with go .....

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efined in the General Clauses Act as all property excluding immoveable property which does not, per se, enable resolution of the dilemma of being so described. Land is, undoubtedly, immoveable property. Definition of goods in the Sale of Goods Act, 1930 is, however, attracted to certain appendages of land to the extent that they can be separated from land before sale as part of contract of sale. Hence, structures that can be detached from the land are considered to be moveable. Logically, the oc .....

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els and motor vehicles move easily on water or land but, not being goods that are amenable to severance from land/water, are not distinguishable from immoveable property. Consequently, the legislative intent to tax repairs or maintenance of conveyance under section 65(105)(zzg) of Finance Act, 1994 may not be so apparent. Motor vehicles were specifically excluded from its purview owing to existence of another taxable entry on 1st July 2003. Exclusion may not have been considered to be necessar .....

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