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2019 (3) TMI 245 - CESTAT HYDERABADTaxability - amount received as rent - It is the case of the Revenue that the said amount is taxable under C&F services for which appellant is registered with the authorities - period April 2003 to May 2007 - Held that:- The appellant had constructed godowns and rented them out to various institutions/companies to stored their goods. He only received the rent from such companies and was not engaged in C&F services for such clients - the amount of tax of ₹ 7,54,153/- cannot be fixed on the appellant for simple reason that no services were rendered by the appellant and the service tax liability on renting of immovable property came into statute from 01.06.2007 - the impugned order is incorrect and liable to be set aside. Valuation - reimbursement of charges - Held that:- The agreement between the two parties indicate that they entered into contractual obligations for reimbursement of expenses which were in the form of godown rent and the decision of Apex Court in the case of Intercontinental Consultants & Technocrats Pvt. Ltd. [2018 (3) TMI 357 - SUPREME COURT OF INDIA] will apply and any reimbursable expenses during the period in question are not includable in the value of the services rendered. Appeal allowed - decided in favor of appellant.
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