2018 (7) TMI 1440

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....heshwari, CA Present for the Respondent: Mr. A.K. Singh, D.R. ORDER PER: V. PADMANABHAN The present appeal is directed against the Order in Appeal No.203/15 dated 01.06.2015. The appellant has rented their premises for use of Axis Bank and were receiving rent for the same. The activity of renting of immovable property became a taxable service w.e.f. 01.06.2007 under Section 65(105) (zz....

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....8 Lakhs for the year 2007-08. The said benefit was claimed by the appellant and the rest of the Service Tax amount alongwith interest demanded by the Revenue has already been paid. However he submits that the Department has denied the benefit of threshold exemption by taking the view that the appellant has received consideration for the taxable service of renting, in excess of Rs. 4 Lakhs for the ....

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.... payment of Service Tax on the rent received by the appellant from Axis Bank is also under dispute by the appellant. The only contention is the benefit of Notification No. 6/2005-ST dated 01.03.2005 (as amended) may be extended. This Notification exempts the payments of Service Tax in respect of taxable service upto the initial aggregate value of Rs. 8 Lakhs (for the period 2007-08). The Notificat....

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.... of the view that such benefit claim is an order and we allow the same. The Service Tax payable by availing the benefit of threshold exemption has also been discharged by the appellant alongwith interest. We uphold the same since it has not been disputed. 7. The only question left is to be decided is the levy of penalty. We note that the service of renting of immovable property was introduced w....