9911796707
TMI Blog2024 (9) TMI 1596X X X X Extracts X X X X X X X X Extracts X X X X ..... 00/- during the period January 2013 to January 2014. The case of the department is that the appellant is liable to pay Service Tax on the rent of Rs. 6,57,000 / - under the head of renting of immovable property. 2. Shri Mukund Chauhan learned counsel appearing on behalf of the appellant at the outset submits that since the rent amount for the entire year is Rs. 6,57,000/- which is much below the threshold limit of Rs. 10,00,000/- per annum the same is exempted under Notification No. 33/2012-ST dated 20.06.2012. He further submits that the adjudicating authority has misinterpreted the terms of the Notification therefore wrongly denied the same. It is a submission that the contention of the adjudicating authority in denial of the Notificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40(E), dated the 1st March, 2005, except as respects things done or omitted to be done before such supersession, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts taxable services of aggregate value not exceeding ten lakh rupees in any financial year from the whole of the service tax leviable thereon under section 66B of the said Finance Act : Provided that nothing contained in this notification shall apply to , - (i) taxable services provided by a person under a brand name or trade name, whether registered or not, of another person; or (ii) such value of taxable services in respect of which service tax shall be paid by such person and in such manner as specified under sub-se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t equivalent to the CENVAT credit taken by him, if any, in respect of such inputs lying in stock or in process on the date on which the provider of taxable service starts availing exemption under this notification ; (vi) the balance of CENVAT credit lying unutilised in the account of the taxable service provider after deducting the amount referred to in sub-paragraph (v), if any, shall not be utilised in terms of provision under sub-rule (4) of rule 3 of the said rules and shall lapse on the day such service provider starts availing the exemption under this notification ; (vii) where a taxable service provider provides one or more taxable services from one or more premises, the exemption under this notification shall apply to the aggreg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inancial year but does not include value charged in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section 66B of the said Finance Act under any other notification." 4. This notification shall come into force on the 1st day of July, 2012." From the above notification as per the clause (ii) of the proviso to notification it is provided that any Service Tax paid by the assessee in such manner as specified under Sub-Section (2) of 68 of the Finance Act, 1994 read with Service Tax Rules, 1994 is not covered under the notification. In the present case the appellant are not output Service provider however, they have paid Service Tax on Reverse Charge basis in respect of certain service s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
