TMI Blog2018 (7) TMI 1440X X X X Extracts X X X X X X X X Extracts X X X X ..... of N/N. 6/2005 for the period 2007-08 cannot be denied to the appellant. Penalty - Held that:- The service of renting of immovable property was introduced w.e.f. 01.06.2007 and the demand for service tax is for the period immediately after the introduction of such service - penalty waived by invoking section 80. The demand for Service Tax is restricted to the amount already paid by the appellant alongwith interest - penalty set aside - Appeal allowed in part. - Service Tax Appeal No.ST/53167/2015-CU [DB] - ST/A/52366/2018-CU[DB] - Dated:- 19-6-2018 - MR. V. PADMANABHAN, MEMBER (TECHNICAL) And MRS. RACHNA GUPTA, MEMBER (JUDICIAL) Present for the Appellant: Mr. M.B. Maheshwari, CA Present for the Respondent: Mr. A.K. Sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice of renting, in excess of ₹ 4 Lakhs for the previous financial year i.e. 2006-07. In this connection, he further submits that the rent received for the period 2006-07 cannot be considered as receipt of consideration for taxable service sine the renting of immovable property became a taxable service only with effect from 01.06.2007. Finally he submits that the appellant is not disputing the Service Tax already paid but the penalty may be set aside. 4. The ld. DR justified the impugned order. He brought to our attention the findings of the impugned order in para 5 in which reasons have been recorded for denying the benefit of Notification No.6/2005-ST. 5. After hearing both sides and perusal of record, we note that the activ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant alongwith interest. We uphold the same since it has not been disputed. 7. The only question left is to be decided is the levy of penalty. We note that the service of renting of immovable property was introduced w.e.f. 01.06.2007 and the demand for service tax is for the period immediately after the introduction of such service. Consequently, we are of the view that the appellant is entitled for waiver of penalty under Section 80 of the Act. 8. In the result, the demand for Service Tax is restricted to the amount already paid by the appellant alongwith interest. Penalty imposed under various Sections is waived in terms of Section 80. Appeal is allowed partly. [Dictated Pronounced in the open Court] - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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