TMI Blog2018 (5) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... onrefundable deposit, it is called as one time premium and not part of rent. Therefore, the same is not taxable - appeal allowed - decided in favor of appellant. - Appeal No. ST/86787/15 - ORDER NO. A/86376 / 2018 - Dated:- 16-5-2018 - Hon ble Shri Ramesh Nair, Member ( Judicial ) And Hon ble Shri Raju, Member ( Technical ) Shri V. B. Gaikwad, Advocate for Appellant Shri Atul Sharma, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ouncil 2017 (7) GSTL 228 (iii) Municipal Corpn. Rjahmundry 2017 (5) GSTL 78 (iv) Municipal Corpn. Aurangabad 2017 (5) TMI 950 3. Shri Atul Sharma, learned Assistant Commissioner (AR) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. We have carefully considered the submissions made by both sides and perused the records. We find that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransaction, which has to be supported by consideration. The consideration may be either premium or rent or both. The consideration which is paid periodically is called rent. As regards premium, the Apex Court in the case of Commissioner of Income Tax, Assam and Manipur v. Panbari Tea Co. Ltd. reported in (1965) 3 SCR 811 has made a distinction between premium and rent observing that when the inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 65(105)(zzzz) read with Section 65(90a) cannot be charged on the premium or salami paid by the lessee to the lessor for transfer of interest in the property from the lessor to the lessee as this amount is not for continued enjoyment of the property leased. Since the levy of Service Tax is on renting of immovable property, not on transfer of interest in property from lessor to lessee, Service ..... X X X X Extracts X X X X X X X X Extracts X X X X
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