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2018 (4) TMI 1499

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....the Service Tax liability on the amount received by them for Repair and Maintenance expenses undertaken by the lessee, as also Service Tax liability arise under the category of 'Renting of immovable property' for an amount received as lease rent. 4. Relevant facts that arise for consideration, after filtering out the unnecessary details, are that the appellant M/S Sangli District Central Co-op Bank Ltd. (SDCC in short) took over the business of sugar factory in the name of Yashwant SSK Ltd. (YSSK in short) for non-payment of loan. SDCC leased out the sugar factory to Rajaram Bapu Patil SSK Ltd. (RBPSSK in short) on consideration of amount as lease rent. As per the scheme of arrangement, the amount of lease rent paid by RBPSSK was t....

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....s his submission that said ratio may be followed and appeal may be allowed and also the submission that the penalty imposed be set aside. 5. Learned AR reiterates the findings of the lower authorities and submits that the Service Tax liability on Renting of immovable property was discharged by the appellant only after investigation has been taken up. 6.On careful consideration of the submissions made by both sides, we find that the issue that falls for consideration is whether the value of repair and maintenance, which was incurred by RBPSSK, on the sugar factory needs to be included on the value, as received for renting of immovable proper or otherwise; and whether consequential interest and penalties on demand on such value needs to be ....