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2018 (8) TMI 622 - AT - Service TaxValuation - demand of service tax on security deposit made by tenant - Whether Service Tax has been rightly demanded on the amount of security deposit made by the tenant to the Appellant/landlord? Held that:- The demand raised in the impugned order is erroneous being made on the refundable security deposit. Such refundable amount cannot form consideration as defined under Section 67. The demand of Service Tax on the amount of annual rent of ₹ 84,000/-, as defined in the agreement is confirmed - Appellant shall also be liable to pay interest on the delayed deposit - penalty is set aside. Appeal allowed in part.
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