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2014 (10) TMI 771 - AT - Service TaxWaiver of pre-deposit - valuation - Renting of Immovable Property service - demand is in respect of expenditure incurred on repairs and maintenance of machinery by adding to the assessable value for the purpose of Renting of Immovable Property - Held that:- applicant relies upon the terms and conditions of the lease agreement with the persons who had taken over the factory on rent where it has been specifically mentioned that the responsibility of repairs and maintenance of the machinery is on the person who is taking the factory on rent. Hence the demand is not sustainable - as per the lease agreement the lessee during the tenure of the contract is responsible for the repairs and maintenance of the factory. There is no evidence on record to show that the quantum of rent has been suppressed to the extent of the expenditure incurred on repairs and maintenance of machinery. In view of this prima facie the applicant has made out a case for waiver of dues. - Stay granted.
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