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TMI Blog2018 (5) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... able property? - Held that: - there is a separate charge for the rent, which alone is taxable, the onetime premium charges is nonrefundable deposit, it is called as one time premium and not part of rent. Therefore, the same is not taxable - appeal allowed - decided in favor of appellant. X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) Mormugao Municipal Council - 2017 (7) GSTL 228 (iii) Municipal Corpn. Rjahmundry - 2017 (5) GSTL 78 (iv) Municipal Corpn. Aurangabad - 2017 (5) TMI 950 3. Shri Atul Sharma, learned Assistant Commissioner (AR) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. We have carefully considered the submissions made by both sides and perused the records. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lease is a transaction, which has to be supported by consideration. The consideration may be either premium or rent or both. The consideration which is paid periodically is called rent. As regards premium, the Apex Court in the case of Commissioner of Income Tax, Assam and Manipur v. Panbari Tea Co. Ltd. reported in (1965) 3 SCR 811 has made a distinction between premium and rent observing that w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 65(105)(zzzz) read with Section 65(90a) cannot be charged on the "premium" or 'salami' paid by the lessee to the lessor for transfer of interest in the property from the lessor to the lessee as this amount is not for continued enjoyment of the property leased. Since the levy of Service Tax is on renting of immovable property, not on transfer of interest in property from lessor to les ..... X X X X Extracts X X X X X X X X Extracts X X X X
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