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2023 (10) TMI 1166 - CESTAT NEW DELHI.Levy of Service Tax - notional interest towards security deposit taken by the appellant against the rental property - April, 2007 to September, 2012 - HELD THAT:- A perusal of decision of Division Bench of this Tribunal in Murli Realtors [2014 (9) TMI 461 - CESTAT MUMBAI] reveals that since the consideration for leasing of the property is rent, so what can be levied to service tax is only rent and notional interest on the security deposit cannot be subjected to levy of service tax. Thus, it has to be held that service tax could not have been levied on the notional interest calculated by the department on the interest fee security deposit collected by the appellant from tenants. The orders impugned in the four orders passed by the Commissioner (Appeals) that have been assailed in the four appeals cannot be sustained - Appeal allowed.
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