Renting/leasing motor vehicle

This query is : Resolved 

25 March 2013 I have a doubt regarding service tax and w.r.t to renting of motor vehicle

X pvt. ltd. is engaged in the business of leasing motor vehicles (cars basically). The lease agreements are primarily in the nature of operating lease. However X pvt ltd contends that since the vehicles are being given on lease, the same are not taxable under the "rent a cab" profile defined by service tax and hence no service tax is payable. Is the contention of X pvt ltd correct? If it is correct, then does such lease of moveable property become taxable under any other provision???


Link giving details of rent a cab service:

https://www.servicetax.gov.in/st-profiles/rentcab.pdf

26 March 2013 Please help me out..

26 March 2013 Please help me out.

12 September 2013 X Pvt. Ltd has parted with the right of possession and effective control in favour of the user because the user will having unchecked – unhindered possession of the Vehicle.
So the above transaction would NOT be liable to service tax.

The transaction involves transfer of right to use , the possession and effective control over such vehicle has been transferred with permission to use the vehicle.
The user is free to use in any manner as he likes.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro

Follow us
add to google news


Answer Query



Company
Featured 18 July 2026
CA Articleship

apricus india

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 17 July 2026
Article Assistant and B.com pass

BANSAL YOGESH AND CO

Gautam Budh Nagar

B.Com

View Details
Company
ARTICLESHIP 07 July 2026
Articleship

Jawahar and Associates Chartered Accountants

Hyderabad

CA Inter

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
06 July 2026
Accountant

Agarwal Anoop and Associates

Noida

CA Final

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details