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2016 (12) TMI 736 - AT - Service TaxLevy of tax - benefit of SSI extended - whether the appellant is liable to discharge Service Tax liability under the category of “renting of immovable property” during the period 01.06.2007 to 30.09.2010? - Held that: - We find that liability to pay tax on “renting of immovable property” service is not in dispute as appellant, though Municipal Corporation have leased their commercial property during the relevant period and collected rent. The Service Tax liability and interest thereof in accordance with law is upheld. However, the Service Tax liability needs to be reworked out and we do find force in the contention raised by the learned Counsel that for the first year, i.e. 01.06.2007 to 31.03.2008 benefit of small scale service provider exemption needs to be extended. For the entire period in question i.e. 01.06.2007 to 30.09.2010 benefit of cum-tax value needs to be extended to appellant. The lower authorities are directed to re-work out the service tax liability and interest thereof; the appropriated the amount already deposited by the appellant towards liability and the interest thereof. As regards penalties, we find that in appellant’s own case in an identical issue, we have set aside the penalty invoking the provision of Section 80 of the Finance Act, 1994. We do not find any reason to deviate from such a view already taken. Accordingly by invoking the provision of Section 80, we set aside the penalty imposed on the appellant - appeal disposed off - decided partly in favor of assessee.
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