Applicability

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

29 November 2016 Hi Everyone
Please resolve my query which is stuck in my mind:
Mr. A gives on hire a printer to Mr. B for 2 years but Mr. A has right to cancel the agreement at any time and also incidental losses would be born by Mr. A.
My question is which Tax would be leviable upon this transaction Service Tax/ VAT.
As it is not Transfer of Right to use as per VAT (Deemed sale) as whole control is not with Mr. B
and it is not Transfer of Right to use (under service Tax as declared service) because possession is with mr. B.
So please advise the taxability.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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29 November 2016 VAT is applicable in case of sale of printer. Service tax is applicable in case of hiring a printer.

Expert : Anonymous

Expert : Anonymous (Expert)

29 November 2016 Apparently it appears to attract VAT. It can not be said that effective control was not transferred, only because contract is cancellable at the option of A. Else, service tax is applicable

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