2023 (10) TMI 1166

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....s Shri S. K. Meena , Authorised Representative for the Department ORDER JUSTICE DILIP GUPTA The issue that arises for consideration in all these four appeals is as to whether the Department could have charged service tax on the notional interest towards security deposit taken by the appellant against the rental property. It is not in dispute that the appellant has paid service tax on the amount of rent received by the appellant. The period involved in all the four appeal ranges from April, 2007 to September, 2012. 2. It transpires from the records of the appeals that the appellant had rented out immovable properties and apart from the rent on which service tax was paid by the appellant, the appellant also collected interest f....

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....herein consideration was defined to include any amount that is payable for the taxable services provided or to be provided. Learned counsel also placed reliance upon a Division Bench decision of the Tribunal in Murli Realtors Pvt Ltd vs. Commissioner of Central Excise, Pune- III 2015 (37) S.T.R. 618(Tri.-Bom) [16-07-2014]. 5. Shri S.K. Meena, learned authorized representative appearing for the department has however supported the impugned order passed by the Commissioner (Appeals) and has submitted that it does not call for any interference in these appeals. 6. The submissions advanced by learned counsel for the appellant and the learned authorized representative appearing for the department have been considered. 7. Section 67 of t....

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....ble for the taxable services provided or to be provided; (b) "money" includes any currency, cheque, promissory note, letter of credit, draft, pay order, travellers cheque, money order, postal remittance and other similar instruments but does not include currency that is held for its numismatic value; (c) "gross amount charged" includes payment by cheque, credit card, deduction from account and any form of payment by issue of credit notes or debit notes and 1 book adjustment, and any amount credited or debited, as the case may be, to any account, whether called "Suspense account" or by any other name, in the books of account of a person liable to pay service tax, where the transaction of taxable service is with any associat....