2012 (11) TMI 979

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..... : Ashok Jindal: The applicant are seeking waiver of pre-deposit of service tax of Rs.2,85,85,512/- along with interest on 'Renting of Immovable Property Service' and equal amount of penalty under section 78 of the Finance Act, 1994. 2. The brief facts of the case are that the applicant are owner of premises which have several units and were given on rent to various persons. The applicant is payi .....

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..... view that electricity charges recovered from their tenants is to be part of the service of 'Renting of Immovable Property Service' and, therefore, a notice was issued and demand for service tax was confirmed against the applicant along with interest, apart from penalty of equivalent amount under section 78 of the Finance Act, 1994. 3. The contention of the learned counsel is that in similar set o .....

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..... Park Pvt. Ltd. (supra). The contention of the applicant that electricity is 'goods' and the same shall not form part of taxable service is clarified by the Notification no. 12/2003. Therefore, we find that the applicant has made out a prima facie case for 100% waiver of the service tax confirmed and penalty imposed. Accordingly, we waive the requirement of pre-deposit of the service tax, interest .....

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