imposed service tax by holding that the grant
of mining lease is an assignment of right to use oilfield, which is a taxable
service under ... charge of tax will also fail. The grant of mining lease is not
assignment of right as understood by law, for the following reasons
imposed service tax by holding that the grant
of mining lease is an assignment of right to use oilfield, which is a taxable
service under ... charge of tax will also fail. The grant of mining lease is not
assignment of right as understood by law, for the following reasons
Assignment. The said Deed of Assignment clearly noted that the
Appellant had provided NOC to the assignment of rights by the
FSWL under the Lease ... follows:
Lease deed
"2. Period of Lease, Commencement of Lease, Possession
and Renewal
2.1 The Period of lease shall be for a period
Assignment. The said Deed of Assignment clearly noted that the
Appellant had provided NOC to the assignment of rights by the
FSWL under the Lease ... follows:
Lease deed
"2. Period of Lease, Commencement of Lease, Possession
and Renewal
2.1 The Period of lease shall be for a period
during the term of the
lease, which is for 29 years, the lessee shall be entitled to sub-
lease, assign or transfer rights ... respect to possession of the lease hold property of the respondent
company till further orders. No sub-lease, assignment, transfer or
encumbrance shall be created
Regulations, 2015,
Chapter-2, para 2.5 which read as follows:
"No Leasing/Sub-letting: The permission granted is for
specific purpose of ship recycling ... permission holder.
In no case, the permission holder shall sublet, lease, assign,
sub-contract or sell the plot or transfer any right in the plot
Services or any portion thereof; (c) distribute,
disclose, market, rent, lease, assign, sublicense, pledge or
otherwise transfer the Services, in whole or in part
Services or any portion thereof; (c) distribute,
disclose, market, rent, lease, assign, sublicense, pledge or
otherwise transfer the Services, in whole or in part
Regulations, 2015,
Chapter-2, para 2.5 which read as follows:
"No Leasing/Sub-letting: The permission granted is for
specific purpose of ship recycling ... permission holder.
In no case, the permission holder shall sublet, lease, assign,
sub-contract or sell the plot or transfer any right in the plot
survey numbers...
3: ASSIGNMENT/ TRANSFER:
The Lessee shell be entitled to assign/mortgage/transfer his/her/its
rights under this Lease Deed in favour ... lease
period shall not be less than five years but notwithstanding any other
condition in the lease deed the lease rights would cease to exist
