TMI Blog2017 (8) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... in terms of clause 105 (zzzz) of Section 65 of the Finance Act, 1994? - Held that: - under the category of renting of immovable property, the service is taxable, if the property is rented out for the purpose of business or commerce - In the present case even though the appellants are charitable trust, the immovable property rented out is undisputedly for the purpose of commerce or business. There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing a charitable hospital is liable for service tax under the category of renting of immovable property for commercial use in terms of clause 105 (zzzz) of Section 65 of the Finance Act, 1994. 2. The appellant through Advocate Shri B.S. Indani, submitted a written submission dated 29/06/2017 wherein they made submission that the appellant being a charitable trust renting of their property is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1994 for waiver of penalty imposed under Section 78. 3. Shri A.B. Kulgod, learned Assistant Commissioner (AR) appearing on behalf of the Revenue reiterates the findings in the impugned order. 4. We have carefully considered the submissions made by both the sides. We find that under the category of renting of immovable property, the service is taxable, if the property is rented out for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cenario, entertaining the bonafide belief by the appellant is convincing. We, therefore, considering the facts and circumstances of the case, set aside the penalties imposed by the lower authorities under Sections 70, 76 78 of the Finance Act. However, interest on delayed payment of service tax is maintained. The appeals are partly allowed in above terms. (Pronounced in Court on 07/07/2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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