9911796707
TMI Blog2015 (2) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... s to M/s Loot India Pvt. Ltd. Renting of immovable property was brought under the Service Tax net under Section 65(105)(zzzz) w.e.f. 1.6.2007. The levy was challenged by M/s Retailers Association of India in the Hon'ble Bombay High Court. Later, because the levy was struck down by the Hon'ble Bombay High Court, Government amended the Section making the levy retrospectively valid from 1.6.2007. The Retailers Association went in appeal to the Supreme Court, who stayed the operation of the levy on 14.10.2011 subject to following of certain conditions, such as payment of portion of the Service Tax in instalments. However, the order was applicable only to Service Tax liability from 1.6.2007 to 30.9.2011 in respect of the applicants. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich assuming them to be true, would reasonable lead any ordinarily prudent and cautious man, to come to the conclusion that the same was the right thing to do." The learned Counsel also states that they were entitled to waiver of penalty under VCES Scheme introduced in 2013. He relied on the decision of Hon'ble High Court of Karnataka in the case of Vinayaka Securities and Detective Agency vs. Commissioner of Central Excise - 2014-TIOL-1242-HC-KAR-ST. 5. The learned AR reiterates the findings of the Commissioner and drew attention to Section 80 (2) in which penalty under Section 76 was waived subject to the condition that the amount of Service Tax along with interest is paid in full within a period of six months on which the Finance Bi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the VCES scheme. The question arises whether the appellants are eligible to the benefit under the VCES scheme. The learned C.A. refers to Circular No.174/9/2013-ST dated 25.11.2013 which classifies the question whether scheme would be applicable in case where the tax and interest have been paid before the introduction of the scheme as follows:- "As no "tax dues" is pending in such case, declaration cannot be filed under VCES. However, there may be a case for taking a lenient view on the issue of penalties under the provision of the Finance Act, 1994. In this regard attention is invited to section 73(3) and Section 80 of the Finance Act, 1994." From the above, it is cle ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
