Commissioner, VAT, Trade and Taxes Department v. M/s. T. & T. SOLUTIONS

Delhi High Court · 08 Sep 2009 · 2009:DHC:3728-DB
A.K. Sikri; Valmiki J. Mehta
S.T. APPEAL No. 1/2009
2009:DHC:3728-DB
tax appeal_dismissed Significant

AI Summary

The Delhi High Court dismissed the VAT appeal, holding that no transfer of the right to use vehicles occurred as possession remained with the owner, and the contract could not be artificially severed to attract VAT.

Full Text
Translation output
S.T.APPEAL No. 1/2009 Page 1 HIGH COURT OF DELHI
S.T.APPEAL No. 1/2009
Reserved on : August 19, 2009 Pronounced on : September 8, 2009
COMMISSIONER, VAT, TRADE AND TAXES DEPARTMENT ...Appellant
Through: Mr. Parag Tripathi, ASG with Mr. H.C. Bhatia, Mr. H.L. Taneja, Advocates
VERSUS
M/s. T. & T. SOLUTIONS ....Respondent
Through: Mr. Balram Sanghal, Advocate
CORAM:
HON’BLE MR. JUSTICE A.K. SIKRI
HON’BLE MR. JUSTICE VALMIKI J.MEHTA
JUDGMENT

1. Whether the Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporter or not?

3. Whether the judgment should be reported in the Digest? % VALMIKI J.MEHTA, J

1. For the reasons stated in S.T. Appeal No. 10/2009 titled as Commissioner, VAT, Trade and Taxes Department vs. International Travel House Ltd., the present appeal is also dismissed. We hold in the facts of the present case that neither the contract in question can be 2009:DHC:3728-DB S.T.APPEAL No. 1/2009 Page 2 artificially split up/severed and also that the possession and control of the vehicles continue to remain with the owner of the vehicles and thus there is no transfer of the right to use the goods as envisaged in Article 366(29A)(d).

2. The appeal is dismissed leaving the parties to bear their own costs.

VALMIKI J.MEHTA, J A.K. SIKRI, J September 8, 2009 dkg