9911796707
TMI Blog2019 (3) TMI 1229X X X X Extracts X X X X X X X X Extracts X X X X ..... by treating the same as rent received. As such, there is no justification in the Revenue s stand - appeal allowed - decided in favor of appellant. - APPEAL No. ST/54666/2014-CU[DB} - ST/A/70364/2019-CU[DB] - Dated:- 21-2-2019 - Mrs. Archana Wadhwa, Member (Judicial) And Mr. Anil G. Shakkarwar, Member (Technical) Shri Rajesh Chhibber, Advocate, for Appellant Shri Mohammad Altaf, Assistant Commissioner (AR), for Respondent ORDER Per: Archana Wadhwa As per facts on record, we find that the appellant is registered with the Service Tax Department under the category of Renting of Immovable Property. The commercial premises belonging to the appellant were given on rent to Central Bank of India and as the same w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst them for confirmation of demand of Service Tax to the tune of ₹ 2,14,589/- under the category of Renting of Immovable Property. In addition, penalty of identical amount under Section 78 ₹ 20,000/- under Section 77 of the Finance Act, 1994 was imposed. The order passed by the Commissioner (Appeals) was upheld by except dropping the penalty imposed under Section 76 of the Finance Act, 1994. Hence the present appeal. 4. After hearing both the sides duly represented by Shri Rajesh Chhibber, learned Counsel appearing on behalf of the appellant Shri Mohammad Altaf, learned Assitant Commissioner appearing on behalf of the Revenue, we find that the short issue required to be decided in the present appeal is, as to whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 30,000/- per month 6. We also note that the taxable amount under the category of Renting of Immovable Property is the consideration received by the Service Provider from the Service Recipient as Rent of the property in question. There is nothing in the said definition to suggest that any amount he received, over and above the rent amount, is also to be considered as Rent . The learned Counsel has clarified that the period involved in the present appeal is from June, 2007 to March, 2012 i.e. prior to the introduction of Negative List Taxation. It is only after 01/07/2012, when the Negative List Taxation was introduced, certain transactions were declared as services taxable under the law and compensation was one of them. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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