TMI Blog2015 (1) TMI 419X X X X Extracts X X X X X X X X Extracts X X X X ..... it the 50% penalty which was required to be deposited by them. The appellants were also required to deposit service tax also but the same has been deposited subsequent to the order passed by the Commissioner. Since the service tax itself was not payable where flats were sold to individual buyers in a residential complex under an agreement during the relevant period, we consider that the amount dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have paid service tax and accordingly, the demand of service tax for ₹ 49,78,083/- with interest has been confirmed. 2. Learned Chartered Accountant on behalf of the appellants submitted that appellants have deposited the entire amount of tax payable but the Commissioner in the impugned order has rejected the appeal on the ground that the appellants did not deposit the 50% penalty which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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