HIRING GOODS TO USE
This query is : Resolved
16 February 2009
A Co is giving movable goods like barges, tugs, trucks on quantity basis to B Co.
B Co then give these goods to use to C Co on monthly basis. C co has the ultimate control of these goods.
Which tax is applicable between A and B and C, Service Tax or VAT.
Kindly specify your reply with citation of exact provision and case laws if any.
thanks
javed
B Co then give these goods to use to C Co on monthly basis. C co has the ultimate control of these goods.
Which tax is applicable between A and B and C, Service Tax or VAT.
Kindly specify your reply with citation of exact provision and case laws if any.
thanks
javed
16 February 2009
Service Tax under the head "Business Support Services".
17 February 2009
It appears that transfer of right to use is being made with transfer of possession and control. It amounts to sale as per constitution- VAT is payale.
If there is no transfer of possession or control,service tax is payable under tangible goods service under Section 65 (105)(zzzj).
If there is no transfer of possession or control,service tax is payable under tangible goods service under Section 65 (105)(zzzj).
17 February 2009
If A co is diretly giving such goods to C Co on monthly basis
OR
If A Co is giving such goods to B Co on monthly basis
then the situation will remain same or change
OR
If A Co is giving such goods to B Co on monthly basis
then the situation will remain same or change
03 March 2009
One of the two- either VAT or service tax- is payable.
The exact nature of transaction is based on your private agreement.
The exact nature of transaction is based on your private agreement.
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