2017 (1) TMI 304

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... got attached and in order to pay the bank loan amount, they rented out factory to another sugar factory and they being under bonafide belief that such renting would not amount to services rendered under the category of ‘Renting of Immovable Property’, did not discharge the Service Tax liability. Held that: - the appellant has discharged the entire Service Tax liability on being pointed out by t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ner of Central Excise Service Tax, Kolhapur. 2. Heard both sides and perused the records. 3. On perusal of records, it transpires that the adjudicating authority has confirmed the demand raised for the financial year 2009-10 and 2010-11 under the category of Renting of Immovable Property Services . 4. It is undisputed that appellant had rented out their factory to another concern a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ot discharge the Service Tax liability. We notice that the appellant has discharged the entire Service Tax liability on being pointed out by the authorities; they are also liable to pay interest; the interest was paid by the appellant on direction of the Tribunal. We find that this is a fit case for invoking the provision of Section 80 of the Finance Act, 1994 to set aside the penalty imposed on .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X