VidhiSangh

Supreme Court of India · 09/01/2024

M/S. K.P. MOZIKA versus OIL AND NATURAL GAS CORPORATION LTD. AND ORS

[2024] 1 S.C.R. 488 · 2024 INSC 27

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Summary

Hiring vehicles, cranes and trailers does not amount to a deemed sale merely because the customer may use them. Under the contracts considered, the contractors retained control and responsibility for the equipment and its operation, so the right to use the goods was not transferred and the transactions were not taxable as sales under the Assam sales-tax and VAT laws.

Issues

  1. Whether contracts for the provision or hiring of cranes, trucks, tankers, trailers and other vehicles transferred the right to use goods within Article 366(29A)(d) of the Constitution and the Assam VAT Act.
  2. What features distinguish a transfer of the right to use goods from a contract that merely permits their use or provides a service using them.
  3. Whether the Union could pursue service-tax recovery for transactions falling within Section 65(105)(zzzzj) of the Finance Act, 1994.

Provisions considered

Held

Result

The appeals preferred by the assessees were allowed; the contracts were held not to transfer the right to use the goods or fall within the relevant sales-tax and VAT provisions. The Union’s appeal was disposed of, with liberty to initiate service-tax recovery proceedings in accordance with law. No order as to costs.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 488.