2013 (5) TMI 538

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..../s. Euro Ceramics Ltd., Bhachau (A group of company of the appellant) had collected rent for using their premises by M/s. Euro Multivision Ltd., Bhachau situated at Boston House, Ground Floor, Suren Road, Chakala, Andheri (East) Mumbai- (regd office/Head Office of M/s. Euro Multivision Ltd., Bhachau) by issuing Debit Notes to M/s. Euro Multivision Ltd., Bhachau. Scrutiny of Debit Notes issued by the said appellant revealed that no service tax was charged on the amount of rent income, classifiable under the category of "Renting of Immovable Property which is taxable service w.e.f. 01.06.2007. Total rent collected by the appellant is Rs.21,85,904/- for the period from June 2007 to March 2008 and Rs.13,50,459/- for the period from April 2008 t....

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....t thereon was demanded along with imposition of penalty under Section 76, 77 & 78 of the Finance Act, 1994 was imposed. Aggrieved by such an order, appellant preferred an appeal before the first appellate authority for setting aside the penalties imposed. The first appellate authority after considering the submissions made before the assessee, set aside the penalties imposed under Section 76 & 77 of the Finance Act, 1994 but confirmed the penalties imposed under Section 78. Hence this appeal. 4. Ld. counsel would draw my attention to the facts of this case and read the impugned order. He would submit that the amount of service tax liability and interest was paid before the issuance of show cause notice. He would submit that the Commissio....

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....ed by me in the facts of the case, the appellant has discharged the service tax liability and interest thereon which has been appropriated in the order-in-original. I find that the issue involved in this case is regarding the service tax liability on the renting of immovable property services. I find when this taxable service brought under statute, there was dispute and the matter has not yet reached finality as the appeal is pending before the Hon'ble Apex Court in the case of Home Sales Retail India Ltd.   I also find that the first appellate authority has recorded in impugned order as an issue involving question of interpretation of the provision of the law, I find that ld. counsel is right in contending that if this is a quest....