9911796707
TMI Blog2023 (10) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... operty Service, Real State Agent Service, Rail Travel Agent Service etc. during the relevant period. Pursuant to an audit conducted on the records of the appellant pertaining to the period April, 2014 to June, 2016, it was noticed that the appellant had short paid interest on delayed payment of service tax amounting to Rs. 13,01,548/- for the period April, 2017 to June, 2017 and Rs. 4,36,546/- for the period July, 2016 to March, 2017. Also, they had availed inadmissible CENVAT Credit of Rs. 13,77,515/-. Consequently, a show cause notice was issued to the appellant on 02.12.2019 for recovery of aforesaid amounts with interest and proposal for imposition of penalty. On adjudication, the demand was confirmed with interest on the irregular avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Estates Pvt Ltd vs. CC CE & ST, Cochin vide Final Order No. 20922-20924/2023 dated 01.09.2023. In the said judgment this Tribunal following its earlier decision in Golflinks Software Park Pvt Ltd vs. CST, Bangalore - MANU/CB/0040/2018 which has been upheld by the Hon'ble Karnataka High Court, has held that CENVAT Credit on various input services used in providing Renting of Immovable Property service is admissible. 3.2 Further, she has submitted that on the differential amount of interest demanded on service tax paid by the appellant, the interest was calculated by the department applying the rate of interest as 24% whereas they have discharged interest calculating @15%. She submits that even though, the department has alleged that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest rate be 15% or 25% for belated payment of service tax. 7. The ld. Commissioner (Appeals) accepting the Revenue's stand that Renting of Immovable Property is only right to use the said property and the immovable property is neither subjected to excise duty nor service tax, hence, the input service is not rendered in providing any output service. This reasoning has been considered by this Tribunal in the light of Board's Circular No. 98/1/2008-ST dated 04.01.2008 in the case of Golflinks Software Park Pvt Ltd (supra) and rejecting the said view observed that cenvat credit is admissible on the service tax paid on various used in the maintenance of the immovable property; this decision of the Tribunal later on appeal by the Tribunal has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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