CESTAT Quashes Service Tax Demand, Holding Diesel Generator Set Lease Was Deemed Sale Not Taxable as Service [Read Order]

The Tribunal found merit in this argument, noting that the equipment was clearly identified, delivered, and controlled by IOCL during the lease term, with the appellant having no residual right of usage or transfer
CESTAT - CESTAT Quashes - Service Tax - taxscan

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, has set aside a service tax demand raised against Spain Electronotics, holding that the leasing of diesel generator (DG) sets involved a transfer of possession and effective control, thereby constituting a deemed sale under Article 366(29A) of the Constitution and not a taxable service….

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