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of <h1>Appellants granted SSI exemption under Notification No. 6/2005-ST based on rental agreement</h1> <h3>Dinesh K. Patwa Versus Commissioner of Service Tax</h3> Dinesh K. Patwa Versus Commissioner of Service Tax - [2012] 37 STT 375 (AHD - CESTAT) Issues:Service tax liability on individuals providing renting out of immovable property services under SSI exemption.Analysis:Issue 1: Service Tax Liability on IndividualsThe case involved the service tax liability of five individuals who rented out a property collectively. The appellants argued that they were co-owners of the property and received rent individually within the threshold limit of SSI exemption. The Revenue contended that the property was jointly owned and rented out, justifying the service tax liability on the collective amount received. The Tribunal examined the SSI exemption Notification No. 6/2005-ST and its amendment, which exempts service tax if the aggregate value of taxable services does not exceed a specified limit. The Tribunal noted that if the appellants were considered as individual service providers based on the rental agreement, their aggregate value did not surpass the threshold, qualifying for the exemption.Issue 2: Arguments of the PartiesThe appellants' advocate emphasized that each individual received rent within the exemption limit as per the agreement, while the Revenue argued that the property was jointly owned and rented out collectively, justifying the service tax liability on the total amount received. The Tribunal considered both arguments and assessed the applicability of the SSI exemption criteria to the individual appellants' rental transactions.Issue 3: Tribunal's DecisionAfter evaluating the submissions, the Tribunal found that the appellants met the conditions for SSI exemption as per the relevant notifications. The Tribunal observed that the appellants, by receiving rent individually as specified in the agreement, did not exceed the threshold limit for service tax liability. Consequently, the Tribunal granted the waiver of pre-deposit of the amounts involved and stayed the recoveries until the appeals were disposed of, indicating a prima facie case in favor of the appellants.In conclusion, the Tribunal's judgment centered on the interpretation of the SSI exemption provisions in relation to the individual rental transactions of the appellants, ultimately leading to a decision in their favor for waiver of pre-deposit and stay on recoveries pending appeal disposal.
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