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TMI Blog2016 (12) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice or sale? - Held that: - I find that in this case, the appellant was paying/booking VAT on the Lease amount. As per the VAT Act, right to use property is liable to VAT also. In that circumstances, it cannot be alleged against the appellant that they have suppressed facts, therefore, the payment of service tax along with interest is sufficient and qualifies as per section 73(3) of the Finance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paying/booking VAT on the amount of consideration received by them, as they have given right to use the property/machinery. Revenue is of the view that the said activities of leasing of property/machinery are covered under the category of Renting of Immovable Property Services. Therefore, the proceedings were initiated against the appellant and demand of service tax was confirmed along with intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Finance Act, 1994 is not imposable. 4. On the other hand, the Ld. AR submits that it is the case of suppressed the facts by the appellant, therefore, penalties are rightly imposed by the adjudicating authority. 5. Heard the parties and considered the submissions. 6. On carefully consideration of the submissions made by both the sides, I find that in this case, the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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