Notification No. 12/97-Customs(N.T.) amendment adds Malur Inland Container Depot in Karnataka to authorized locations for import unloading and export ...
Authority rules B+G+31 service apartment is commercial building construction, not multi-storey residential for tax classification under RERA definitio...
The CESTAT allowed the appeal and set aside the impugned order, holding that under a revenue-sharing agreement the appellant (A) did not lease the immovable premises but procured management services from the operator (B); the consideration received was not fixed rent but variable receipts linked to box-office revenue, and thus did not constitute renting of immovable property. Consequently A was the service recipient, not the service provider, and any service tax liability would lie on B. The Tribunal further found prior precedential authority dispositive and concluded the show-cause notices were without merit as applied, extinguishing the recovery, interest and penalty directed by the adjudicating authority.
The CESTAT allowed the appeal and set aside the impugned order, holding that under a revenue-sharing agreement the appellant (A) did not lease the immovable premises but procured management services from the operator (B); the consideration received was not fixed rent but variable receipts linked to box-office revenue, and thus did not constitute renting of immovable property. Consequently A was the service recipient, not the service provider, and any service tax liability would lie on B. The Tribunal further found prior precedential authority dispositive and concluded the show-cause notices were without merit as applied, extinguishing the recovery, interest and penalty directed by the adjudicating authority.
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