2014 (9) TMI 137 - AT - Service Tax

Waiver of pre deposit - Renting of Immovable Property - Held that - Demand of service tax on the various fees would be examined at the time of appeal hearing. However, we agree with the learned Authorised Representative in respect of the demand of tax on Renting of Buildings . The learned Authorised Representative submits that the Hon ble Supreme Court in the case of P.K. Hospitality Services P. Ltd. Vs Union of India reported in 2014 (8) TMI 820 - Supreme Court of India upheld the constitutional validity of the levy of Service tax on Renting of Immovable Property, while granting the interim order directed that the entire amount in dispute is to be deposited in three equal instalments. On a query from the Bench, the learned Counsel submits, the demand of tax in respect of Renting of Building would be about ₹ 23,00,000 - Partial stay granted.

Summary

Issues: Application for waiver of pre-deposit of tax under "Renting of Immovable Property" for a Municipal Authority under the Government of Tamil Nadu.

The judgment pertains to an application for waiver of pre-deposit of tax amounting to Rs. 1,21,95,469/- along with interest and penalty for the period from June '07 to March '12. The applicant, a Municipal Authority under the Government of Tamil Nadu, was subjected to Service Tax under the category of "Renting of Immovable Property." The applicant's Counsel argued that fees collected under statutory provisions of the Tamil Nadu Municipal Act are not liable for service tax, citing Article 286 of the Constitution of India. On the other hand, the Revenue's Authorized Representative referred to a judgment by the Hon'ble Kerala High Court to justify the demand of service tax on "Renting of Immovable Property" by Municipalities. The Tribunal noted that while the demand of service tax on various fees would be examined during the appeal hearing, they agreed with the Revenue in regards to the tax demand on "Renting of Buildings." Citing a Supreme Court judgment, the Tribunal directed the applicant to make a pre-deposit of Rs. 23,00,000/- within six weeks, with the waiver of the remaining tax amount, interest, and penalty until the appeal's disposal. Compliance was to be reported by August 5, 2014.

---