The bench of Justices K. R. Shriram and A. S. Doctor ruled that in view of Article 366(29A)(d) of the Constitution of
India, transfer of right to use goods is a deemed sale, which is subject to Sales Tax/VAT. The Court added that
Article 366 (29A) of the Constitution does not distinguish between an owner or a lessor of the goods. Thus, the
bench ruled that lease of goods for valuable consideration on a “transfer of right to use” basis is a deemed sale,
even if the transferor is not the owner of the said goods.
Source: livelaw.in
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