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1 - 10 of 48 (0.36 seconds)The Income Tax Act, 1961
Section 9 in The Income Tax Act, 1961 [Entire Act]
Section 201 in The Income Tax Act, 1961 [Entire Act]
Tamil Nadu General Sales Tax Act, 1959
The Merchant Shipping Act, 1958
Section 197 in The Income Tax Act, 1961 [Entire Act]
THE FINANCE ACT, 2021
Section 9 in The Advocates Act, 1961 [Entire Act]
Rashtriya Ispat Nigam Ltd. vs Commercial Tax Officer, Company ... on 15 December, 1989
"9. Thus if the transaction is one of leasing/hiring/letting simpliciter under
which the possession of the goods, i.e., effective and general control of the
goods is to be given to tiie customer and tne customer has the freedom and
choice of selecting the manner, time and nature of use and enjoyment, though
within the frame work of the agreement, fhen it would be a transfer of the
right to use the goods and fall under the extended definition of "sale". On the
other hand, if the customer entrusts to the assessee the work of achieving a
certain desired result and that involves the use of goods belonging to the
assessee and rendering of several other services and the goods used by the
assessee to achieve the desired result continue to be in the effective and
general control of the assessee, then, the transaction will not be a transfer of
the right to use goods falling within the extended definition of "sale". Let me
now clarify the position further, with an illustration which is a variation of
the illustration used by the Andhra Pradesh High Court in the case of
Rashtriya Ispat Nigam Ltd. v. Commercial Tax Officer.