|Custom, Excise & Service Tax Tribunal
Transfer of Possession & Control Triggers Deemed Sale Under VAT/CST, Excluding Service Tax Liability: CESTAT Kolkata
When equipment is rented with full possession, control, and risk transferred to the customer, the transaction qualifies as a deemed sale under VAT/CST, not a service, thereby excluding service tax liability. This clarifies the boundary between taxable services and taxable sales in equipment leasing, impacting manufacturers and rental firms nationwide.