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2017 (8) TMI 905 - CESTAT MUMBAIRenting of immovable property - whether renting of immovable property for commercial use given by the appellant being a charitable hospital is liable for service tax under the category of renting of immovable property for commercial use in terms of clause 105 (zzzz) of Section 65 of the Finance Act, 1994? - Held that: - under the category of renting of immovable property, the service is taxable, if the property is rented out for the purpose of business or commerce - In the present case even though the appellants are charitable trust, the immovable property rented out is undisputedly for the purpose of commerce or business. There is no specific exemption notification in respect of renting of immovable property by a charitable trust - demand upheld. Penalty - Held that: - the issue was contentious - still the matter is pending before the Hon’ble Supreme Court - In this scenario, entertaining the bonafide belief by the appellant is convincing, the penalty is set aside. Appeal allowed - decided partly in favor of appellant.
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