2005 (6) TMI 2

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....ing on the business of Kalyana Mantapam, which has been brought under Service Tax. The quantum of Service Tax has been arrived even on the collection of Godown charges by the assessee. They had filed year-wise details of statement of income wherein they have shown that the rent from letting out of Marriage Hall & Function Hall for the financial year 1997-98 is Rs. 40,000/-; for the financial year ....

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.... promulgation of the levy, therefore, in those facts and circumstances, exorbitant levy of penalty is not justified. The Tribunal has ruled in the light of the Apex Court judgment rendered in the case of Hindustan Steel Ltd. v. State of Orissa - 1978 (2) E.L.T. (J 159) (S.C.) and that of the Tribunal ruling rendered in the case of Smitha Shetty v. Commissioner - 2003 (156) E.L.T. 84 (Tribunal). ....