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Commissioner of Central Excise & Service Tax, Meerut Versus M/s Wave Industries

2017 (12) TMI 1078 - CESTAT ALLAHABAD

Nature of transaction - service or goods - transfer of rights and privilege of export of sugar quota - whether the transaction being, transfer of rights and privilege of export of sugar quota by the respondent assessee on receipt of consideration, whether the same is a service or transaction in goods? - Held that: - the transaction in question regarding sale of rights and privilege of export of sugar quota is sale of goods and no service is involved - reliance placed in the case of Vikas Sal .....

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-9-2017 - Mr. Anil Choudhary, Member ( Judicial ) Shri Pawan Kumar Singh (Supdt.) AR for Appellant Request for Adjournment for Respondent ORDER Per: Anil Choudhary The issue in this appeal is whether the transaction being, transfer of rights and privilege of export of sugar quota by the respondent assessee on receipt of consideration, whether the same is a service or transaction in goods. 2. Heard the parties. 3. I find from the impugned Order-in-Appeal that the Learned Commissioner (Appeals) ha .....

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of Section 2 of the Central Sales-Tax Act, 1956, which defines goods as goods includes all materials, articles, commodities and all other kinds of movable property, but does not include newspapers, actionable claims, stocks, shares and securities. what is relevant to note is that this definition is not only inclusive in nature, but takes in all kinds of movable property. It excludes from its ambit certain items, but for such exclusion may have fallen within the ambit of the said definition. It .....

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mmissioner of Sales Tax and others, alongwith other appeals, reported in (2008) 8 SCC 681, wherein the Hon'ble Supreme Court was considering the ruling in the case of Vikas Sales Corporation v/s CCT, by the earlier Bench holding that the transfer of an import licence called as REP licence granted under the 1992 1997 Exim policy, was exigible to sales tax, is impliedly overruled by the Constitution Bench decision in M/s Sunrise Associates versus Government of NCT of Delhi, that held that lott .....

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ither as a debt or as a beneficial interest in movable property not in possession of the claimant. To us it is plain that DEPB like REP licence has its own intrinsic value and the purchaser, on payment of consideration, buys something for its value. DEPB credit is thus clearly goods within the meaning of sales tax laws and its sale is clearly exigible to tax. We may observe here, if DEPB (or for that matter REP licence!) has to be compared with a lottery ticket, it can only be compared with a lo .....

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