TMI Blog2018 (5) TMI 1565X X X X Extracts X X X X X X X X Extracts X X X X ..... ice tax paid pursuant to the validating provision Sec. 77 of Finance Act, 2010 validating retrospectively levy of service tax on Renting of Immovable Property service has been considered by this Tribunal in D. S. Narayana & Company Pvt, Ltd's case [2017 (4) TMI 897 - CESTAT HYDERABAD], where it was held that The appellant is not liable to pay interest prior to 08.05.2010 and also the penalty. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 78 of the Finance Act, 1994, when pursuant to the retrospective validation of levy of service tax on renting of immovable property by enactment of Sec.77 of the Finance Act, 2010, the appellant had paid the entire amount of service tax liability of ₹ 14,05,846/- for the period June 2007 to March 2009 on 07.07.2010. 4. Ld. Advocate Shri R. Lalwani for the appellant submits that pursuant t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vable Property service has been considered by this Tribunal in D. S. Narayana Company Pvt, Ltd's case (supra). After analysing the principle of law settled jn this regard and the provisions of Finance Act, 2010, it has been observed as follows:- 13. It is seen stated in the above clause, that no act or omission on the part of any person shall be punishable as an offence which would not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng aside the demand of interest after 8-5-2010 and the penalty imoposed under Section 76 of Finance Act, 1994. Appeal is partly allowed in above terms. 6 .Following the aforesaid precedent/ therefore, imposition of penalty, on the appellant under 76, and 78 of Finance Act, 1994 and interest liability prior to 08.5.2010 is hereby set-aside . Appeal is disposed of accordingly. (Order prono ..... X X X X Extracts X X X X X X X X Extracts X X X X
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