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TMI Blog2016 (3) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... WADHWA The challenge in the present appeal is to penalty of ₹ 1 .17 crores imposed upon the appellant under Sections 76, 77 78 of the Finance Act, 1994. The appellants have already deposited the service tax in respect of renting of immovable properties before issuance of show cause ntoice. 2. It is seen that the issue of leviability of service tax on renting of immovable properties during the relevant period was under dispute and the matter was pending before the Hon'ble High Court of Delhi which ultimately held, in the case of Home Solutions Retails lndia Ltd. Vs. UOI [2009-TIOL-196-HC-DEL-ST], that renting of immovable property cannot be regarded as service. Subsequently by Finance Act, 2010, w.e.f. 01/06/2007, the ren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant placed reliance on the said decisions of the Tribunal, a very strange reasoning stands adopted by the Commissioner. For better appreciation, the same is reproduced below: 14.10.7......Section 80(2) of the Act is not the point of contention in the case at (c) above and hence, the same is not relevant to the fact of this case. In the cases at (a) and (b) above and the Honble Tribunals held that the benefit of Section 80(2) of the Act is applicable even if the service tax along with interest in respect of Renting services were paid prior to 28.05.2012 also. However, the said decisions of the Honble Tribunals are very latest and involving low revenue matters. The department still has time to prefer an appeal against the such decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed in certain cases.-.... (2) Notwithstanding anything contained in the provisions of Section 76 or Section 77 or Section 78, no penalty shall be imposable for failure to pay service tax payable, as on the 6th day of March 2012, on the taxable service referred to in sub-clause (zzzz) of clause (105) of Section 65, subject to the condition that the amount of service tax along with interest is paid in full within a period of six months from the date on which the Finance Bill, 2012 receives the assent of the President. The said amended Section was considered by the Tribunal in the case of Chandresh Shantilal Shah referred (supra) and has been held to be effective even prior to 28.05.2012. The Hon ble Karnataka High Court in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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