TMI Blog2015 (12) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... that the levy of service tax on rental income under renting of immovable property service was set aside by the Delhi High Court in 2009 in the case of Home Solution Retail India Ltd (2009 (4) TMI 14 - DELHI HIGH COURT) though that judgement was reversed by Delhi High Court in its subsequent judgement in 2011 as stated earlier. It clearly shows that there were questions as well as ambiguity about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... :- 22-7-2015 - G Raghuram, President And R K Singh, Member (T) For the Petitioner : Shri Debal K Banerjee, Sr. Adv. Shri Gaurav Agarwal, Adv For the Respondent : Shri Mrigank Prabhakar, Adv ORDER Per R K Singh Stay application along with appeal has been filed against order-in-original dated 24.2.2014 in terms of which service tax demand of ₹ 103,69,88,179/- for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... STR 109 (Del.) that the earlier Delhi High Court decision was overruled. The definition of renting of immovable property service was also amended in the year 2010 with retrospective effect and the said amendment came into effect on 1.7.2010. (iv) There was no wilful mis-statement, or suppression of facts. 3. The ld. DR, on the other hand strenuously argued that the appellant was clearly guil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also a fact that the levy of service tax on rental income under renting of immovable property service was set aside by the Delhi High Court in 2009 in the case of Home Solution Retail India Ltd (supra) though that judgement was reversed by Delhi High Court in its subsequent judgement in 2011 as stated earlier. It clearly shows that there were questions as well as ambiguity about the impugned serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for renting for use in business or commerce works out to ₹ 18 crores (approx.). 5. Having regard to the overall circumstances of the case, we are of the view that the appellant has made out a good case for waiver of pre-deposit for demand pertaining to period beyond the normal period of one year. Accordingly, we order pre-deposit of ₹ 18 crores with proportionate interest within fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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