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TMI Blog2018 (1) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... f the plant and machinery as well as land and building as a whole. It appears to us that such amount received is liable for service tax under the category of renting of immovable property service, since the amount has been received in furtherance of business. The appellant is directed to deposit the entire amount of service tax demanded within a period of eight weeks. Subject to the payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 25 crores towards lease rental for the year 2009-10. The Department was of the view that the lease of land and building, plant and machinery for the use in the course of furtherance of business or commerce is a taxable service under the category of renting of immovable property service and the lease rent received is leviable to service tax w.e.f. 01/06/2007 as per Section 65(105)(zzzz) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut the assets and liability based on Written Down value and the lease has been allotted as per the tender. iii. The lease deed has covered various plant and machinery as well as land and building but the lease rent can be apportioned between plant and machinery land and building based on Written Down value. Accordingly service tax should have been charged only on the apportioned value of pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en made for the plant and machinery as well as the land and building as a whole. The adjudicating authority has held that the split up between land and building as well as plant and machinery sought to be made by the appellant is a deliberate attempt to bifurcate the amount of ₹ 25 crores received by them as lease amount. 5. After hearing the learned AR and perusal of records, we find tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant does not merit a full stay of all demands. The appellant is directed to deposit the entire amount of service tax demanded within a period of eight weeks. Subject to the payment of service tax as above and compliance thereof, the rest of the demand made in the impugned order will remain stayed. Compliance to be called on 29/01/2018. (Order dictated in Open Court on 04/12/2017 ) - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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