(1.) PETITIONER is a company registered under the Companies Act, 1956 engaged in providing infrastructure service in relation to cellular telephones. He having entered into contract with various telecom/cellular operators is required to render service in relation to passive telecom network including operating and maintenance.
(2.) PETITIONER is also registered under Finance Act, 1994 and the transactions are subject to service tax in terms of S.65(19) of the Finance At. Acting under S.39 of the Karnataka Value Added Tax Act, 2003, the respondent authority proceeded to levy tax on the premise that there is a transfer of right to use the telecom network towers which according to the petitioner, is overlooking the fact that the transactions which are in the nature of service contract and also according to him, as per S.65(11) of the Finance Act, 1994 it is only a service contract.
(3.) IN support of his argument, learned Sr.Counsel representing the petitioner has relied upon the following judgments:
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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