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2014 (9) TMI 113 - CESTAT MUMBAIWaiver of pre deposit - Renting of immovable property service - revenue sharing basis agreement - Held that:- As per the definition of Renting of Immovable Property as provided as under Section 65 (90A) of the Finance Act, 1994, renting of immovable property includes renting, letting, leasing, licensing or other similar arrangements of immovable property for use in the Course or furtherance of business or commerce - Board's Circular dated 13.12.2011 relied upon by the Revenue provided that each case and the terms of contract may be looked into and the decision is to be taken on case to case basis. In the present case, as the agreement is on revenue sharing basis and the applicant also undertakes certain obligation, therefore, prima facie we find that the applicant has made out a case for waiver. Therefore, the amount already deposited is sufficient for hearing of the appeal. Pre-deposit of remaining dues are waived and recovery is stayed during pendency of appeal - Stay granted.
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