9911796707
TMI Blog2019 (8) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... of the consideration - HELD THAT:- The appellant was required to pay the said service tax at the time of raising of invoices. Subsequently payment of tax would result in interest confirmation against them - Accordingly, we uphold the same and direct the Lower Authorities to quantify the interest amount. Penalty - HELD THAT:- Inasmuch as for sale of the flats, there may not be first raising of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in providing Construction of Residential Complex Services. They were discharging their tax liability as and when they were receiving consideration from the buyer of the flats etc. 2. Revenue by entertaining a view that they are required to pay the service tax at the time of issuance of the invoices, in terms of the Taxation Rules initiated proceedings against them which stands ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay interest. However, he prays that penalty imposed upon them be set aside inasmuch as there was no mala fide on their part and in the Construction Industries, the invoices are not raised for sale of flats prior to the actual realization of the amounts. He also referred to the Tribunal s decision vide Final Order No.70301/2019 dated 15/02/2019 vide which matter stands remanded to the Adjudicatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quantify the interest amount. As regards penalty, we are of the view that inasmuch as for sale of the flats, there may not be first raising of the invoices prior to the actual sale and the appellant would be under a belief that he is required to deposit the service tax only on actual sale of the flats, we extend the benefit to the assessee and set aside the penalty imposed upon h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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