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2015 (5) TMI 343 - CESTAT NEW DELHI

2015 (5) TMI 343 - CESTAT NEW DELHI - TMI - Waiver of pre deposit - Renting of Immovable Property - Held that:- There is no dispute regarding liability to service tax on the monthly rental income received except on the issue of admissibility of "SSI" benefit with regard thereto. However, if the income received from 30 year-lease of property is considered to be taxable, the question of eligibility for the SSI benefit would not arise. We find that the appellants did not own the piece of land on wh .....

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enefit, we order pre-deposit of ₹ 75 lakhs within 8 weeks - Partial stay granted. - Application No.ST/MISC/50579/2015-CU[DB], Application No.ST/STAY/52513/2014-CU[DB], Appeal No.ST/52017/2014-CU[DB] - MISC.ORDER NO. 51077/2015, STAY ORDER NO. 51078/2015 - Dated:- 17-3-2015 - G Raghuram, President And R K Singh, Member (T),JJ. For the Appellant : Shri A K Batra, CA For the Respondent : Shri Amresh Jain, DR ORDER Per: R K Singh: The Stay Application along with Appeal has been filed against O .....

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from whom the piece of land was taken on lease. The appellants constructed the commercial building on that land and gave some of it on monthly rent and also 'sold' some part on 30 year lease to various persons. The appellants pleaded that they had paid service tax under "Renting of Immovable Property" service on the monthly rental income after availing various exemptions and asserted that in respect of property given on 30 year lease, they transferred their rights for 30 years .....

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d not have sold it because they themselves acquired the piece of land on lease for 30 years. He also added that while giving on lease for 30 years, they had put conditions with regard to use of the property and therefore it was incorrect to say that they had given up all their rights. 3. We have considered the contentions of both sides. There is no dispute regarding liability to service tax on the monthly rental income received except on the issue of admissibility of "SSI" benefit with .....

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they do not own. As regards the argument that they had "sold" their rights in the property for 30 years to persons they leased the property for 30 years, it is to state that the perusal of the so called "sale deed" clearly states that it is given on lease and subject to various conditions, For example, it is stipulated that the buyer, (who in real terms is actually the lessee) would not do any commercial activity, which will create bad odour or noise and that he shall not use .....

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lessons on any subject or field, other than a commercial training or coaching centre. Thus, it is seen that the income derived from leasing of property is clearly covered under the definition of "Renting of Immovable Property". We find that in the case of New Okhla Industrial Development Authority Vs. CCEST, Noida [Final Order No.ST/A/58664/2013, dated 11.12.2013], CESTAT has come to a similar finding and the judgement of Krishak Bharati Cooperative Ltd. Vs. DCIT-[2012-TIOL-515-HC-DEL .....

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