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TMI Blog2016 (8) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... because they were a small scale service provider with regard to the service of sale of space advertisement. They bonafidely believed that no tax was payable on the services of renting of immovable property during the relevant period. There is no allegation of fraud, suppression of facts or willful misstatement - penalty imposed under Sections 77 and 78 not sustainable – demand of tax and interest already confirmed – appeal allowed – decided partly in favor of appellant. - Appeal No.ST/27649/2013 - ORDER No. A/30172/2016 - Dated:- 10-2-2016 - Ms. Sulekha Beevi, C.S., Member(Judicial). Ms. AJK Swetha and Shri G.P. Sastry, Advocates for the Appellant. Shri Shastry, Authorised representative for the Respondent. ORDER: Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the value of taxable services was below the threshold. In the year 2012, sub-section (2) of Section 80 was inserted. As per this provision, if the assessee pays the service tax on renting of immovable property along with interest within 6 months from the date of assent of the Finance Bill 2012, no penalties could be imposable under Section 76, 77 and 78. That the appellant paid the service tax within time of 6 months. The interest could be paid only on 27/06/2013. She pleaded that as the issue whether renting of immovable property was taxable being contentious during the relevant period and the appellant having established reasonable cause for failure to pay service tax, the penalty may be waived. The learned counsel relied upon the judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty service in the matter of Home Solutions Retail Vs. UOI observed that on the question of penalty due to non-payment of tax, it is open to the Government to examine whether any waiver or exemption can be granted (para 73). Subsequently, in the matter of Retailers Association of India Vs. UOI, Honorable Apex court, had ruled on October 14, 2011, that litigants should pay 50% of the arrears within six months in three equated installments. For the balance, solvent surety should be furnished to be satisfaction of the jurisdictional commissioner. Against the above backdrop, it is proposed that penalty may be waived for those taxpayers who pay the service tax due on the renting of immovable property service (as on the sixth day of March ..... X X X X Extracts X X X X X X X X Extracts X X X X
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