TMI Blog2018 (1) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... ment consultancy is provided by law is read, that does not cover land development charge within its fold to give rise to taxable event for the purpose of levy under Finance Act, 1994. Accordingly there shall be no levy on the land development charge under the category of business and management consultancy. Penalty - Held that: - taking into consideration co-operation of the appellant who does ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the taxing entry business auxiliary service, Revenue has stand for taxability. Appellant at this stage says that taxes and interest have been paid. Therefore if at all there is any liability, penalty may not be imposed. 2. Revenue is in appeal against the same adjudication order submitting that the land development charges received by the appellant assesee should be taxable in the categor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esources or other similar areas of management. 5. Appellant assessee says that charges received by the appellant was towards development of land of its client and this Bench has taken a view in the case of SMS Infrastructure Ltd. Vs. CCE, Nagpur in appeal No.ST/356/12 that land development charge received shall not be a constituent of management consultancy service. 6. Examination of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of promotion of business is concerned, that being undisputed by the appellant controverting stand of Revenue, there shall be taxability on this count. However, taking into consideration co-operation of the appellant who does not dispute the liability and has discharged the tax liability with interest, there shall not be penalty on this count under any of the provisions of the Finance Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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