https://www.taxtmi.com/caselaws?id=752018 CESTAT Hyderabad allowed the appeal regarding short payment of service tax on rental income from educational institution during 2014-15. The tribunal found that exemptions under N/N. 25/2012-ST were substituted by N/N. 06/2014-ST effective 11.07.2014, making the assessee liable during this specific period despite exemptions before and after. However, the show cause notice lacked clear breakup of various incomes and applicable rates. The tribunal held that extended limitation period under Section 73 proviso was not applicable as no deliberate suppression or willful misstatement was established. The assessee had bonafide belief of non-liability based on prior and subsequent exemptions. Since the notice was issued after 30 months, the demand was time-barred and penalty under Section 78 was not leviable. en-us Tue, 30 Apr 2024 00:00:00 +0530 Thu, 02 May 2024 08:21:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=752018 CESTAT Hyderabad allowed the appeal regarding short payment of service tax on rental income from educational institution during 2014-15. The tribunal found that exemptions under N/N. 25/2012-ST were substituted by N/N. 06/2014-ST effective 11.07.2014, making the assessee liable during this specific period despite exemptions before and after. However, the show cause notice lacked clear breakup of various incomes and applicable rates. The tribunal held that extended limitation period under Section 73 proviso was not applicable as no deliberate suppression or willful misstatement was established. The assessee had bonafide belief of non-liability based on prior and subsequent exemptions. Since the notice was issued after 30 months, the demand was time-barred and penalty under Section 78 was not leviable. Case-Laws Service Tax Tue, 30 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=752018