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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 .....

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ods having the specific import supra. It may not be entirely correct in describing a ship or vessel as equipment though equipment may be fitted on board rendering the ascertainment thereof by the original authority to be that much more complex. It is .....

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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, 1 .....

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eans and the seas are equivalences of land and the inextricability of a vessel or ship from the waters should bring them within the ambit of immoveable. Ships before launch and for breaking up are goods but vessels or ships that are afloat are not go .....

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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 conveya .....

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y for ships/vessels because the taxable entry came into effect on a much later date. Accordingly, tribunal has stated in clear terms that, As conveyances, ships/vessels and motor vehicles move easily on water or land but, not being goods that are ame .....

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