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TMI Blog2014 (11) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... - the levy could be on the quantum of rent received by such authority month to month or year to year or whether it would also include a tax leviable, if any, on a lump sum amount received as premium. The final view of the Principal Bench of the Tribunal is the service tax is leviable on the quantum of lease and not on the lease premium. The premium is a one time lump sum payment whereas the lease ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an, learned Senior Counsel, appearing for the Assessee and Mr. Jetly, learned counsel, appearing for the Revenue. After perusing with their assistance the impugned order of the Tribunal, we proceed to admit this Appeal. It is admitted on the following substantial question of law: Whether in the facts and circumstances of the case, the Appellate Tribunal was justified in directing pre deposit o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... answered finally in favour of such Assessee by order passed by the Tribunal in the case of M/s. Greater Noida Industrial Development Authority V/s. Commissioner of Central Excise and Service Tax, Noida in Income Tax Appeal Nos. ST/59067/2013 and ST/3256/2012 decided on 28th August, 2014, then, the Tribunal should have granted an unconditional stay and waiver of predeposit in its entirety. Having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the term Taxable Service as defined in section 65(105) (zzzz) of the Finance Act, 1994. That is enabling the levy, assessment and recovery of service tax on the services which have been provided or to be provided to any person by any other person, by renting of immovable property or any other service in relation to such renting, for use in the course or furtherance of business or commerce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal should not have insisted even otherwise on securing a Revenue in the sum of ₹ 20 Crores as directed. This was a fit case when the precondition of the deposit of the duty liability could have been waived and in its entirety. Further, the recovery of taxes should have been stayed unconditionally pending disposal of the Appeal. 7. In the light of the above discussion, we allow this Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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