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2023 Supreme(Raj) 116

SAMEER JAIN
Assistant Commercial Taxes Officer, Anti- Evasion-III, Ward -I, Jaipur – Appellant
Versus
Agarwal Carriers And Lifters – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Punit Singhvi with Mr. Akshay Singh
For the Respondent: Mr. Alkesh Sharma with Mr. Ayush Sharma, Mr. Himanshu Morwal, Mr. Mukesh Bhardwaj, Mr. Dinesh Kumar

ORDER :

1. With the consent of the parties, the revision petitions were admitted on the following question of law:-

    “Whether in the facts and circumstances of the case of Rajasthan Tax Board was justified in law in holding that the crane services given by the assessee to the Govt./Private institution will not fall within the ambit of Section 2(36) (iv) of the RVAT Act-2003 and will not fall within the ambit of transfer of right to use goods?”

2. At the outset, it is pertinent to note that notice(s) in the instant matter were issued vide order dated 30.06.2020. Thereafter, as per order-sheet dated 29.07.2020, service upon the respondent was reflected to be complete. Accordingly, the matter is being taken up for final disposal.

3. Considering the fact that the revision petitions involve common facts as well as questions of law, STR Nos. 36/2020 and 132/2020 titled as Assistant Commercial Taxes Officer vs. M/s Aditya Break Down Service and Assistant Commercial Taxes Officer vs. M/s Agarwal Carriers and Lifters respectively, are being taken up as the lead cases/files.

4. Learned counsel for the petitioners has submitted that the matter pertains to the assessment years, 2006/2007 to 2010/20

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