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    <title>2025 (7) TMI 212 - CESTAT NEW DELHI</title>
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    <description>Upfront fee or one-time premium received under pre-1 July 2010 concession agreements was treated as part of the taxable consideration for renting of immovable property, because premium or salami forms part of the lease consideration within section 105 of the Transfer of Property Act, 1882. The service tax demand on merits was therefore sustained. The equivalent penalty under section 78 was set aside, as the assessee, a public sector undertaking, was found to have acted under a bona fide belief in a matter involving divergent interpretations, which constituted reasonable cause on the facts found by the Tribunal.</description>
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      <link>https://www.taxtmi.com/caselaws?id=774144</link>
      <description>Upfront fee or one-time premium received under pre-1 July 2010 concession agreements was treated as part of the taxable consideration for renting of immovable property, because premium or salami forms part of the lease consideration within section 105 of the Transfer of Property Act, 1882. The service tax demand on merits was therefore sustained. The equivalent penalty under section 78 was set aside, as the assessee, a public sector undertaking, was found to have acted under a bona fide belief in a matter involving divergent interpretations, which constituted reasonable cause on the facts found by the Tribunal.</description>
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