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2013 (12) TMI 493

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..... of exemption of service tax per year, provided that the assessee has not crossed the threshold limit of rupees ten lakhs in the preceding financial year. In these cases, if the cheques for rent are received individually by all the appellants, it was indicated in the agreement between the individuals for the purpose of renting out of premises to another person so as to make it specific that indivi .....

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..... nce Act, 1994. 2. Heard both sides and perused the record. 3. The issue involved in this case is regarding service tax liability on the above mentioned individuals as a provider of service under the category of renting out of immovable property. 4. Learned Chartered Accountant on behalf of the appellants would submit that the above individuals are co-owners of a particular building and have .....

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..... idual purposes, and for the purpose of benefit of individual co-owners, the appellants sought the payment individually. It is his submission that the department is correct in assessing the service tax liability after considering the amount collectively received by the individual appellant. 6. After considering the submissions made by both sides, we find that benefit of SSI exemption Notification .....

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..... llants be considered as provider of such service, their aggregate value does not exceed the threshold limit. Prima facie, we find that the appellants have made out a case for waiver of pre-deposit of amounts involved. 7. Accordingly, the applications for waiver of pre-deposit of amounts are allowed and recoveries thereof stayed till disposal of appeals. (Dictated and pronounced in Court) - .....

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