Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2015 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 264 - AT - Service TaxWaiver of pre deposit - Renting of immovable property service - Recover of lease rent and development charges - Held that:- It is seen from the lease agreement that RIICO acquired the land on 99 year lease. When they themselves acquired the land on lease, their contention that they had sold the plots to various persons is clearly untenable because when they themselves were lessee, they had no power to sell. Indeed, the lease agreement between RIICO and plot holders clearly mentions that the plots are being leased for 99 years. When the plots have been leased, the amount recovered as per lease agreement howsoever named becomes liable to service tax so long as the amount recovered is in relation to and for leasing those plots. The appellants cited the judgment of CESTAT in the case of NOIDA vs. CCE, NOIDA (2014 (1) TMI 1203 - CESTAT NEW DELHI) which is not applicable, as in that judgment only the premium amount charged was held to be not liable to tax. In the present case, there is no such premium amount involved. - appellants have not been able to make out a prima-facie case in their favour on merit - Partial stay granted.
|