2014 (11) TMI 581

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....ax of Rs. 77,55,977/- along with interest and penalty for the period 01.06.2007 to 31.12.2011 under the category of 'Renting of Immovable Property Services'. There is a further demand of Rs. 3,75,477/- along with interest and penalty for the period01.04.2007 to 31.12.2011 under the category of 'Sale of Space or Time for Advertisement'. 2. `The learned Counsel on behalf of the applicant submits that in view of the definition of 'Renting of Immovable Property' under Section 65(90a) of the Finance Act, 1994, renting of immovable property by a religious body would not be liable to pay tax. The applicant is a religious body as per their Bye Laws and the Adjudicating authority erroneously proceeded on the basis of Income-tax Law, which cannot be....

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....its that the main issue in this case is that the applicant had given on rent the commercial complexes to the various commercial concerns and, therefore, such activities cannot be taken as an exclusion part of the definition. The applicant was not registered as a religious body under the Societies Registration Act. Regarding the normal period, he submits that it would be about Rs. 30,95,469/- as per ST-3 returns.. 4. After hearing both sides and on perusal of the records, we find that the applicant had given on rent various commercial complexes to various commercial concerns. It is noticed that the applicant declared themselves a Charitable Trust under Income-tax Act. The CBECs Circular, dated 23.08.2007 clarified that the assessee is elig....