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2013 (11) TMI 868 - CESTAT CHENNAIStay application - Renting of Immovable Property Service - Demand of service tax - Held that:- amount collected by the applicant on renting is a taxable service and they are paying tax. It is a security deposit which is returned after the completion of the tenure agreement. We also notice that the Board in the ‘Service Tax Education Guidelines’ clarified that refundable deposit is not in the nature of service and hence do not represent the consideration of service tax. In view of that, we find the applicant has made out a prima facie case for waiver of pre-deposit of entire amount of dues. Accordingly, we grant waiver of pre-deposit of service tax and penalty along with interest and stay its recovery during the pendency of the appeal - Stay granted.
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