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CESTAT held that the appellant's lease of land for storage space does not constitute a taxable "Port Service" during the disputed period. The tribunal found no evidence of tax suppression, as the rental income was properly accounted for in the books. The service tax on immovable property rental became applicable only from 01.06.2007, and the CBIC's circular clarified non-levy of tax on such rental income. Consequently, the department's demand was set aside, and the appeal was allowed, effectively exempting the appellant from service tax for the period prior to 01.06.2007.
CESTAT held that the appellant's lease of land for storage space does not constitute a taxable "Port Service" during the disputed period. The tribunal found no evidence of tax suppression, as the rental income was properly accounted for in the books. The service tax on immovable property rental became applicable only from 01.06.2007, and the CBIC's circular clarified non-levy of tax on such rental income. Consequently, the department's demand was set aside, and the appeal was allowed, effectively exempting the appellant from service tax for the period prior to 01.06.2007.
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