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2021 (11) TMI 694 - AT - Service TaxValuation - tenancy agreement - doctrine of merger - inclusion of notional interest received on the security deposit taken - contravention to the Explanation (a) to Section 67 of FA - HELD THAT:- The issue decided in appellant own case M/S VIKHROLI CORPORATE PARK VERSUS COMMISSIONER OF SERVICE TAX, MUMBAI [2016 (12) TMI 484 - CESTAT MUMBAI] where it was held that an agreement between the appellant and his customer provides for interest free security deposit, which is nothing but advance, Revenue cannot state that such security deposit will earn interest, and notional interest needs to be taxed. Since the Civil Appeal filed by the Revenue challenging the order of the Tribunal has been dismissed by the Hon’ble Apex Court stating that there are no grounds to entertain this appeal, the doctrine of merger applies the order of the Tribunal and gets merged in that of the Hon’ble Apex Court. There are no merit in the impugned order - appeal allowed - decided in favor of appellant.
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