9911796707
TMI Blog2009 (12) TMI 377X X X X Extracts X X X X X X X X Extracts X X X X ..... tal Bank of Commerce. A show-cause notice was issued, wherein it was charged that she had delayed payment of Service tax for the period from June, 07 to March, 08 and on which they failed to pay interest of Rs. 74,912/- and rendered herself liable for penalty amounting to Rs. 2,48,403/- under Section 76 of the Finance Act. The interest and penalty were confirmed by both the lower authorities. Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 07 to March, 08 and on which they failed to pay interest of Rs. 74,912/- and rendered herself liable for penalty amounting to Rs. 2,48,403/- under Section 76 of the Finance Act. The interest and penalty were confirmed by both the lower authorities. Aggrieved from the same, the appellant is before me. 3. The learned Advocate on behalf of the appellant submits that the levy of Service tax in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .) = 2009 (237) E.L.T. 209 (Del.) = 2009-TIOL-196-HC-Del-S.T. wherein it was held that renting of immovable property for use in the course of furtherance of business or commerce, by itself, did not entail any value addition and hence, could not be regarded as a service. In view of these submissions, he prayed that penalty should not be imposed. 4. On the other hand, learned SDR submitted that cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing & Weaving Mills - 2009 (238) E.L.T. 3 (S.C.). 5. Heard. 6. I have considered the submissions made by both the parties and I find that it is new levy of Service Tax and the appellant was in bona fide belief for not depositing the Service Tax in time and this Tribunal in the case of CCE, Nashik v. A.B. International - 2007 (8) S.T.R. 81 held that Service Tax belatedly paid but before issuance ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
