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2016 (3) TMI 621 - CESTAT NEW DELHI

2016 (3) TMI 621 - CESTAT NEW DELHI - TMI - Waiver of pre-deposit - Renting of immovable Property Service from 19.4.2008 to 30.7.2010 - Premium received for leasing the property for continuous enjoyment - Held that:- appellant was not a part of the lease agreement and was also not the provider of the impugned service. Though the service was rendered by State Government and not by the appellant, the appellant has fairly made a good case in its favour but not entirely so. Therefore, make pre-depos .....

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was confirmed along with interest and penalty under Renting of Immovable Property Service. 2. The Ld. Counsel for the appellant pleaded that: (1) The lease agreement is between the State Government and the third party namely M/s. Deep Mala Infrastructure Pvt. Ltd. (2) Under the tripartite agreement, the appellant was going to be paid only 6% of the lease amount towards project management fee. (3) The amount received was premium and in terms of the judgment of CESTAT in the case of Greater Noida .....

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and stated that (i) any payments received even prior to rendition of taxable service are liable to be included in the assessable value in terms of Section 67 of Finance Act, 1994. (ii) The premium preferred to in CESTAT order in the case of Greater Noida Industrial Development Authority (Supra) was qualitatively of different nature and that judgment regarding premium was made on the basis of income-tax case involving Panbari Tea Company Limited reported in (1965) 3 SCR 811 in which it was only h .....

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pellant is no where a part thereof. 6. As pointed out by Ld. DR, the appellant is very much part of the tripartite agreement which sets out the responsibilities of the State Government, the appellant and M/s. Deep Mala Infrastructure Pvt. Ltd., and in terms of that agreement, the appellant was to receive only project management fee. As regards the service tax liability on the "premium", we have perused the order of the CESTAT in the case of Greater Noida Industrial Development Authorit .....

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