https://www.taxtmi.com/caselaws?id=190755 Penalties under the service tax law are not warranted where the taxability of the activity is genuinely debatable and depends on the facts of each case. The dispute concerned whether providing space to a financial institution fell under Business Auxiliary Service or renting of immovable property service. Because the classification issue had already been referred to a Larger Bench and the service tax with interest had been paid, penal consequences under Sections 76 and 78 were deleted. The assessee therefore obtained relief only against the penalties, while the underlying tax dispute remained dependent on factual characterization. en-us Fri, 24 Jan 2014 00:00:00 +0530 Fri, 24 Feb 2017 19:17:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=190755 Penalties under the service tax law are not warranted where the taxability of the activity is genuinely debatable and depends on the facts of each case. The dispute concerned whether providing space to a financial institution fell under Business Auxiliary Service or renting of immovable property service. Because the classification issue had already been referred to a Larger Bench and the service tax with interest had been paid, penal consequences under Sections 76 and 78 were deleted. The assessee therefore obtained relief only against the penalties, while the underlying tax dispute remained dependent on factual characterization. Case-Laws Service Tax Fri, 24 Jan 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=190755