9911796707
TMI Blog2018 (4) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of Immovable Property Service , which came on the statute book with effect from 01.06.2007 and the appellants have been rightly discharging their liability accordingly. Extended period of limitation - Held that: - the said fact of renting of studio was brought to the notice of Revenue and there is no evidence indicating any malafide intention on the part of the assessee - extended period not invocable. Appeal allowed - decided in favor of appellant. - ST/Misc/41696/2017 and ST/00134/2010 - Final Order No. 43507/2017 - Dated:- 19-12-2017 - Smt. Archana Wadhwa, Member (Judicial) and Shri B. Ravichandran, Member (Technical) For the Appellant : Shri S. Muthuvenkataraman Adv. For the Respondent : Shri P. Arul, AC (AR) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only rented the said premises, which service would fall under the category of Renting of Immovable Property Service with effect from 01.06.2007 onwards and the appellants had been discharging their tax liability accordingly. The authorities below did not find favour with the above stand of assessee and accordingly, confirmed the demands and interest and imposition of penalties. 5. On hearing both sides, we find that section 65(119) of the Finance Act, 1994 defines [introduced with effect from 16.07.2007] Video Production Agency as follows:- Video Production Agency means any professional videographer or any commercial concern engaged in the business of rendering services relating to videotape production; Section 65 (120) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... category of Video Tape Production Service. The findings of lower adjudicating authority in this regard are correct and tenable. 6. On going through the above definitions, we note that the same are primarily meant for the persons, who are associated with process relatable to video recording. Admittedly, in the present case, the appellants have simplicitor rented out their premises and in no way provided their services to the tenant for recording of the video and in other activities connected with the recording. As such, as rightly contended by the learned Advocate, the service of giving the studio on rent would fall under the category of Renting of Immovable Property Service , which came on the statute book with effect from 01.06.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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