RIGHT TO USE ACT ON CHARTERED PLANES
This query is : Resolved
11 December 2007
Whether right to use Act applies on renting of Chartered Planes. Further whether there is any difference in renting of planes just like in the case of yellow black taxi and ordinary taxi
12 December 2007
All depends on the Contract made between the parties. I think following abstract from the judgment of Hon'ble Gauhati High Court may help you.
[2007] 008 VST 0314- - HLS Asia Ltd. Vs. State of Assam and others
To constitute a transaction a transfer of the right to use goods, the transaction must have the following attributes: (a) there must be goods available for delivery; (b) there must be a consensus ad idem as to the identity of the goods; (c) the transferee should have a legal right to use the goods; (d) for the period during which the transferee has such legal right, it has to be to the exclusion of the transferor; (e) during the period for which it is to be transferred, the owner cannot again transfer the same right to others. The judicially evolved principles to identify a transaction involving the transfer of right to use goods to be a sale clearly exclude the indispensability of delivery of physical possession thereof as an essential pre-condition.
[2007] 008 VST 0314- - HLS Asia Ltd. Vs. State of Assam and others
To constitute a transaction a transfer of the right to use goods, the transaction must have the following attributes: (a) there must be goods available for delivery; (b) there must be a consensus ad idem as to the identity of the goods; (c) the transferee should have a legal right to use the goods; (d) for the period during which the transferee has such legal right, it has to be to the exclusion of the transferor; (e) during the period for which it is to be transferred, the owner cannot again transfer the same right to others. The judicially evolved principles to identify a transaction involving the transfer of right to use goods to be a sale clearly exclude the indispensability of delivery of physical possession thereof as an essential pre-condition.
12 December 2007
aassa
12 December 2007
Mr. Sachin
I could not understand the meaning of "aassa".
I could not understand the meaning of "aassa".
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- ITC temporary reversal and reclaim
- Applicable TDS rate for sale of property in Nov 2024
- Inventory of finished goods
- Sale of property furniture sale
- Quiery in relation to GST liability in case of an advocate who has obtained GST registration.
- REGARDING 25 AS DATE OF PAYMENT AND DATE OF BOOKING
- Can we claim ITC of Feb-2024 in the month of November-2024 which was not claimed by oversight
- RCM INVOICING FROM NOV-2024
- Confusion around Form 26QB fields
- TDS under section and rate of TDS
- GST input on scooter purchased
- TDS under section 194Q and TCS under section 206C
- GST input on car insurance and repairs
- GST input on Diwali gift to employee
- GST input on Mobile Handset
- Material and freight in same invoice
- TDS under section 194J inclusive of reimbursement of expenses
- TDS on Material and Labour in same invoice
- Should I be worried about and rectify reporting Jan,Feb ,March 2024 foreign salary in schedule FA?
Trending Online Classes
CAclubindia
