TMI Blog2018 (8) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... oduced any evidence to show that such TDS amount reflected in Form 26 AS is incorrect or inflated or the appellant have made any refund claim of such excess TDS collected by the tenant, from the Income Tax Authorities. Thus, the amounts reflected in Form 26 AS represent the correct value of the services which has to be adopted as the assessable value, unless evidence to the contrary is produced by the appellant. Penalty - Held that:- During the relevant period, the taxability under the category of Renting of Immovable Property was under dispute and subject matter of litigation before various Courts. In such a scenario, non-payment of tax by the appellant cannot be held on account of any mala fide, thus requiring any invocation of Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the appellant under the category of Renting of Immovable Property . As per the investigations made by the Revenue, it was found that the appellant, who is an owner of properties at Mumbai as also at Agra had rented the same to the tenants under agreement and was receiving the rent on monthly basis from them. The appellant was neither registered with the Service Tax Department nor was discharging its obligation under the Renting of Immovable Property , by paying the appropriate service tax. 3. On the above basis proceedings were initiated against them by way of issuance of a show cause notice dated 03.09.2012 raising demand of duty of service tax to the extent of ₹ 4,27,030.00/- and also proposing imposition of penalty. It is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the assessee s evidence of Bank Account. He observed that there can be more that one bank account and Form 26 AS is the correct document to be relied upon for the purpose of arriving at the value of the services. The said order of the Original Adjudicating Authority stands upheld by the Commissioner (Appeals) and hence the present appeal. 6. The have raised only two grounds before the Original Adjudicating Authority i.e., one relatable to the threshold exemption and the other relatable to the premises lying vacant during a particular period. Both said issues stand accepted by the Adjudicating Authority. It is not the appellant s case that they have not provided services during the period in question and the only dispute is to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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