High Court of Telangana
SDE Engineers Ltd. v. Commercial Tax Officer
T.R.E.V.C. NO. 52 OF 2008
The ruling in brief
Where tech-park premises were leased with amenities and furniture to IT companies under composite rental agreements granting only permission to use without possession or control, with common and non-exclusively deliverable facilities, no transfer of right to use goods occurred; receipts arose from service contracts were not amenable to sales tax
Provisions considered
Article 366(29A)(d) of Constitution of India, 1950 - Section 5E of Andhra Pradesh General Sales Tax Act, 1957 - Section 4(8) of Andhra Pradesh Value Added Tax Act, 2005
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