2011 (1) TMI 691

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 2007 to March 2008 has been denied on the ground that the Service Tax paid on the input services used in construction of the immovable property which was rented later. The stand taken by the Revenue is that the services received were for construction of immovable property and renting of immovable property is a different activity and therefore, the credit cannot be carried forward. For this purpos .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . He submits that what is required for the purpose of availment of CENVAT Credit of input services is that the activity should be related to business and in this case, the business is renting of immovable property. Therefore, the construction of immovable property cannot be said to be not relating to the business of renting immovable property. On this ground, he submits that the issue itself can b .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ideration of the relevant rules as well as precedent decisions on the subject. 5. Under these circumstances, I consider that amount of approximately Rs.2 lakhs already deposited by the appellant is sufficient for the purpose of pre-deposit and accordingly, the requirement of pre-deposit of service tax demanded, interest thereon and penalty in waived and stay against recovery of the same during th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X