2014 (10) TMI 771

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..... plicant 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 re .....

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..... ad not paid appropriate service tax on Renting of Immovable Property service. 4. The contention of the applicant is that the applicant is a Co-operative Bank and given loan to one sugar factory i.e. M/s Yeshwant SSK Ltd. As the sugar factory failed to repay the loan the applicant-bank taken over the possession of the factory and it is further given on rent to various sugar factories under the S .....

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..... hat 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. 6. Revenue relies upon the findings of the lower authorities and submitted that the quantum of rent is influenced by the repairs and maintenance expenditure incurred and the same resulted into undervaluation of the rent. Hence the demand is .....

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