2019 (4) TMI 903 - AT - Service Tax

Levy of service tax - renting of premises for accommodation of students/ student hotel - period 01.02.2012 to 31.10.2013 - Held that - In view of the provisions of Section 66B read with Section 66D(m), it is apparent that service tax is not exigible in case of letting of premises for residential purposes. Accordingly, the penalty imposed under Section 78 & 77(1)(A) of the Act is also set aside - The demand of interest under Section 75 as well as late fee under Section 70 are also set aside - appeal allowed - decided in favor of appellant.

Summary

Issues involved: Whether service tax is payable for renting premises for student accommodation; Imposition of penalty under Section 78 and 77(1)(a) of the Finance Act, 1994.

Analysis:
The appeal revolved around the issue of whether service tax is payable by the appellant for renting out premises for student accommodation. The appellant had rented their building to a company for use as a student hotel. The Revenue contended that service tax was payable, leading to the appellant depositing the tax amount along with interest. The Revenue imposed various penalties and fees, including interest, late fee, penalty equal to tax, and a penalty under Section 77(1)(a) of the Finance Act, 1994. The appellant contested these impositions, leading to an appeal before the Commissioner (Appeals) and subsequently before the Tribunal.

The appellant argued that as per Section 66B of the Finance Act, 1994, which levies tax on services other than those specified in the negative list, no service tax is payable for letting out premises for residential purposes. The appellant relied on Section 66D(m) of the Act, which exempts renting of residential/dwelling units for use as residence from service tax. The Tribunal, after considering the provisions of Section 66B and Section 66D(m), concluded that service tax is not applicable in the case of letting out premises for residential purposes. Therefore, the penalties imposed under Section 78 and 77(1)(a) of the Act were set aside, and the appellant was entitled to consequential benefits as per the law. Additionally, the demand for interest under Section 75 and late fee under Section 70 were also set aside, granting the appellant a refund as a consequential relief.

In conclusion, the Tribunal ruled in favor of the appellant, holding that no service tax was payable for renting out premises for student accommodation, as it fell under the exemption provided in Section 66D(m) of the Finance Act, 1994. The penalties and fees imposed by the Revenue were set aside, and the appellant was entitled to a refund and consequential benefits in accordance with the law.