TMI Blog2012 (6) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... taxable. Held that:- document exhibits that it was obligation of lessee to pay the annual consideration to the appellant to avail certain services under that deed and appellant had duty to the lessees under law in terms of contractual obligation, Maintenance of the industrial area was obligation of the Appellant. Such prima facie observations bring the appellant to the fold of taxable entry read ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... below appreciating stand of the appellant reduced the demand when a part of the proposed demand in show cause notice was unsustainable. Such a reduction was made on the ground that receipt in respect of immovable property was not taxable from 1-7-2003 to 15th June, 2005. So also, penalty under Section 76 was found to be not leviable. This clearly demonstrate that when the present appellant was alr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder law in terms of contractual obligation, Maintenance of the industrial area was obligation of the Appellant. Such prima facie observations bring the appellant to the fold of taxable entry read with aiding definition as suggested by Revenue aforesaid. 4. Keeping in view that the appellant is an instrumentality of the state but an independent corporation, we direct the appellant to make pre-de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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