Intercarting goods - service tax

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Dear Experts,

Please clarify the below issue;

The activity is Traactors are using for shifting material from Yard to manfacturing place. per day cost per 1 tractor is appr:2K, Please clarify this intercarting activity comes under "Transportation of Goods by Road" service ?

 

Replies (3)
No, as the company must have taken the tractor on hire and has used the same for transhipment of the material from one place to another within the factory premises, it will considered as right to use of a tangible good and not GTA service

Dear AK Dubey sir,

As per my knowledge Tangible goods defition here I am producing

Scope of Supply of Tangible Goods for Use service-

(1) Transfer of the right to use any goods is leviable to sales tax/ VAT as deemed sale
of goods [Article 366(29A)(d) of the Constitution of India]. Transfer of right to use
involves transfer of both possession and control of the goods to the user of the
goods.
(2) Excavators, wheel loaders, dump trucks, crawler carriers, compaction equipment,
cranes, etc., offshore construction vessels & barges, geo-technical vessels, tug and
barge flotillas, rigs and high value machineries are supplied for use, with no legal
right of possession and effective control. Transaction of allowing another person to
use the goods, without giving legal right of possession and effective control, not
being treated as sale of goods, is treated as service.
 
There is no Tractor name included in above definition na sir.
 
Please clarify?
Please check the definition once more "cranes, etc., offshore". It will be covered under this part of the definition. As the situation above, while interpreting law when it is practically not possible to name each and every items then it is used as a general sentence.


CCI Pro

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