2016 (11) TMI 520 - CESTAT MUMBAI

Demand - Section 73(1) of the FA, 1994 - Port Services - Renting of Immoveable Property services - whether the amount received by the Assessee from SWPL, under the nomenclature of royalty, was a consideration for the renting/leasing of the land and the waterfront and accordingly liable to tax under the head of Renting of Immoveable Property services? - Held that: - there is no service that has been rendered by the Appellant, much less the taxable service of renting of immoveable property. The money flow to the Assessee from SWPL, under the nomenclature of Royalty, is not a consideration for rendition of any services but infact represents the Appellant’s share of revenue arising out of the Joint Venture being carried on by the Assessee and SWPL - the Revenues appeal challenging the non-imposition of penalty does not survive as the demand of service tax itself is not sustainable - appeal of assessee allowed - Revenue's appeal dismissed - decided in favor of appellant-assessee.