2015 (7) TMI 197

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...., Adv. For the Respondent : Ms Suchitra Sharma, DR ORDER Per: R K Singh: The Stay Application along with Appeal has been filed against Order-in-Original dated 31.01.2013 in terms of which service tax demand of Rs. 1,87,78,107/- has been confirmed along with interest and penalties including mandatory penalty under Section 78 of the Finance Act, 1994. The impugned demand was confirmed under &#39....

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....009 (20) STT 129 (Del)] it was held that renting of immovable property for use in the course furtherance of business or commerce by itself did not entail any value addition and cannot be regarded as service. In the light of the said judgement, its bona fide belief that there was no service rendered was not misplaced, (v) In the case of Greater Noida Industrial Development Authority Vs. CCE, Noida ....

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....mount received by the appellant was only for transfer of lease-hold rights only and thus was only towards lease rent. Further, Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974 are subordinate legislation of a State which cannot over-ride the provisions of the Transfer of Property Act, which is a Federal (Central Act). Indeed even Rule 3 of the said Rule states as under:- "3. Land to ....

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....n 65 (90a) of the Finance Act, 1994 includes leasing of immovable property for use in the course or furtherance of business or commerce. However, there is force in the contention of the appellant that there was confusion with regard to the leviablity of service tax on 'Renting of Immovable Property' and the Delhi High Court in the case of Home Solution Retail India (supra) actually held th....