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2013 (5) TMI 538 - AT - Service TaxPenalty u/s 78 - Changeability of service tax on rent income classifiable under the category of Renting of Immovable Property. Held that:- Appellant has discharged the service tax liability and interest which has been appropriated in the order. The matter in this case is related to the service tax liability on the renting of immovable property services. when this taxable service brought under statute, there was dispute and the matter has not yet reached finality as the appeal is pending before the Hon’ble Apex Court in the case of Home Sales Retail India Ltd also that the first appellate authority has recorded in impugned order as an issue involving question of interpretation of the provision of the law, as contended by the appellant that it is a question of interpretation for setting aside penalties u/s 76 & 77, the same reasoning would be applicable for penalties u/s 78. Accordingly, the imposition of service tax on renting of immovable properties, by invoking the provisions of Section 80 of the Finance Act, 1994, penalty imposed is set aside.
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