applicability of service tax

This query is : Resolved 

01 November 2009 Dear All,

My client gives helicopter on rent. Whether applicability of service tax arises?He got a notice from excise department raising demand of service tax.After getting notice he resigtered under "Supply of tangible goods" and paid the service tax liability. Now, he want to go for appeal.Pls suggest.

Regards

Sandeep


01 November 2009 The entry which needs to be examined is supply of tangible goods under service tax.

(1) Where the Tangible Goofs is hired out and the control and possession is given to the cusotmer the transaction would be liable under the VAT/CST law.

(2)Where the possession/ control is not given to the cusotmer then the same is liable under supply of tangible goods wef 16.5.2008.then liable to pay service tex,no need to go for appeal.



01 November 2009 Thanks Mr. Anil

Pls also clarify helecopter given on rent will be covered under supply of goods.The word supply is creating confusion.Secondly, pls give your inputs with regards to possession and control.If there is one helicopter and given on rent how the VAT will be charged.

01 November 2009 In my views,condition Number 2 will be applicale go for appeal not adviseable,

01 November 2009 Thanks Mr. Anil


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