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TMI Blog2017 (12) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... ces received and also have suppressed/short declared the value of taxable service - Held that: - Commissioner (A) has not imposed any penalty u/s 78 of FA, 1994 on the ground that the assesse has been filing the return periodically and identical issue pertaining to earlier year, the appeal of the assessee is pending - penalty was rightly not imposed as there was no suppression - appeal dismissed - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hra Pradesh 520010, for renting of Land & Building, Plant & Machinery and Agricultural lands belonging to assessee. In this connection, the department had already issued two show cause notices covering period 2009-10, 2010-11 and 2011-12. The show cause notice bearing Sl.No.28/2011 ST dated 20.04.2011 for the period 2009-10 was adjudicated vide OIO No.01/2012 dated 25.01.2012 in C.No.V/RIS/15/67/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, though the entire factory was leased out including plant and machinery and accordingly they had paid only a part of service tax and filed ST 3 returns. 2.1. The act of leasing out of land and building, plant and machinery for use in the course or furtherance of business or commerce is a taxable service in the nature of renting of immovable property and the lease rent received is taxable to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty under section 76 of the Finance Act, 1994 but refrained from imposing penalty under the provisions of section 78 of Finance Act, 1994. 4. Today, none has appeared on behalf of the respondent. Perusal of the order shows that on earlier occasions also, the respondent was not present. Therefore, I proceed to decide the appeal on the basis of material on record and after hearing the Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the assesse has been filing the return periodically and identical issue pertaining to earlier year, the appeal of the assessee is pending. Therefore, in view of the reasons given by the Commissioner for not imposing the penalty under section 78 of Finance Act, 1994, I do not find any infirmity in dropping the penalty under section 78 of Finance Act, 1994 passed by the Commissioner by holding ..... X X X X Extracts X X X X X X X X Extracts X X X X
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