𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗧𝗮𝘅 – 𝗖𝗘𝗦𝗧𝗔𝗧 𝗡𝗲𝘄 𝗗𝗲𝗹𝗵𝗶 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗦𝘂𝗽𝗽𝗹𝘆 𝗼𝗳 𝗜𝗦𝗢 𝗧𝗮𝗻𝗸𝗲𝗿𝘀 𝗼𝗻 𝗟𝗲𝗮𝘀𝗲/𝗥𝗲𝗻𝘁𝗮𝗹 𝗕𝗮𝘀𝗶𝘀 📢 𝗧𝗵𝗲 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗵𝗲𝗹𝗱: Lease of ISO Tankers qualifies as a deemed sale since control rested with the appellant, exempting it from service tax liability.

🔍 𝗙𝗮𝗰𝘁𝘀: 𝗖𝗼𝗺𝗽𝗮𝗻𝘆: M/s SRF Ltd. 𝗔𝗰𝘁𝗶𝘃𝗶𝘁𝘆: Between 16.05.2008 and 30.06.2012, the appellant leased ISO Tankers from foreign suppliers for transporting refrigerant gases via sea routes. 𝗜𝘀𝘀𝘂𝗲: A show-cause notice alleged the lease was STGU service, demanding service tax under sections 65(105)(zzzzj) and 66A.

📜 𝗝𝘂𝗱𝗴𝗲𝗺𝗲𝗻𝘁: The Tribunal ruled that the lease of ISO Tankers constituted a transfer of the right to use goods, as the appellant had control and possession. This qualified as a deemed sale under Article 366(29A) of the Constitution. The impugned order was set aside, and the appeal was allowed.

📜 𝗖𝗮𝘀𝗲 𝗜𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻: 𝗧𝗶𝘁𝗹𝗲: M/s SRF Ltd. vs. The Commissioner of Central Excise 𝗢𝗿𝗱𝗲𝗿 𝗗𝗮𝘁𝗲: 03 January 2023 📜 This ruling confirms that the lease/rental supply of ISO Tankers with effective control and possession constitutes a deemed sale, exempting it from service tax.