Transfer of Right to Use of Wagons to Indian Railways not Taxable Service but Deemed Sale; no Service Tax Applies: CESTAT [Read Order]

CESTAT ruled that the transfer of wagons to Indian Railways is a deemed sale, not a taxable service, as it involves the transfer of possession and effective control, thus exempt from service tax
Service Tax - Service Tax Applies - Taxable Service - Deemed Sale - Customs - Excise and Service Tax Appellate Tribunal - taxscan

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has determined that the transfer of wagons to Indian Railways by Bagadiya Brothers Pvt Ltd constitutes a deemed sale under Article 366(29A) of the Indian Constitution, rather than a taxable service. As a result, no service tax is applicable to the transaction. The decision was based…

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