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M/S. Indian Metals & Ferro Alloys Ltd vs State Of Orissa .... Opposite Party on 10 May, 2022 cites

Bharat Sanchar Nigam Ltd. & Anr vs Union Of India & Ors on 2 March, 2006

18. Applying the above parameters to discern whether in the present case the transaction in question is a sale, it is seen that in the present case there is no actual transfer of the possession of the aircraft in question to the user of the aircraft. The aircraft is at all times in control of the Pilot who is an employee of the Assessee. Even the maintenance of the aircraft is undertaken by the Assessee as are the statutory compliances in terms of the permit granted to the Assessee. Therefore, there is no real transfer of the right to use the aircraft in the manner as envisaged in 20th Century Finance Corporation Limited (supra) and as explained in the subsequent decision in Bharat Sanchar Nigam Limited v. Union of India (supra).
Supreme Court of India Cites 70 - Cited by 340 - R Pal - Full Document

Twentieth Century Finance Corpn.Ltd.& ... vs State Of Maharashtra on 9 May, 2000

In the considered view of the Court, the Tribunal erred in not following the binding precedent of the Full Bench of the Tribunal in the Assessee's own case and in seeking to distinguish it on the basis of the decision of the Supreme Court in 20th Century Finance Page 9 of 10 Corporation Limited (supra). Consequently, the questions framed by this Court are answered in favour of the Assessee and against the Department by holding that:
Supreme Court of India Cites 57 - Cited by 162 - V N Khare - Full Document
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