2024 (3) TMI 68

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ected by the appellant at the time of renting out the property and fixing the monthly rent, the appellant has the filed appeals before this Tribunal. The details of the appeals filed are: S. No. Appeal No. Order-in-Original No. & date Amount of Service Tax (Rs.) Adjudicating authority 1. APPL/ST/JP/282/XII/2014 117(ST)JP-I/2014-ADC dated 14.10.2014 24,88,076 ADC, CE Jaipur 2. APPL/ST/JP/416/VII/2016 21(ST)JP/2016-17 dated 27.05.2016 10,27,858 ADC, CE Jaipur 3. APPL/ST/JP/868/VII/2017 20(ST)Dem/2017 dated 25.05.2017 12,48,614 ADC, STD-1 Jaipur The issue involved in all the appeals are identical and hence the same are being disposed of by this common order. 2. The appellan....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... notional interest at the rate of 18% per annum and therefore service tax amounting to Rs.24,88,076/- was recoverable from them under Proviso to section 73 (1) along with interest under section 75 of the Act. The adjudicating authority confirmed the demand along with interest and penalty. The appellant challenged the order-in-original dated 14.10.2014, however the Commissioner (Appeals) by the impugned order rejected the appeal. Hence the appellant is in appeal before this Tribunal. 4. The learned Counsel for the appellant has submitted that the amount of notional interest earned on the security amount can be included in the taxable value only if the said amount has nexus with the depression of the prices, i.e., amount of rent charged by....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pur Final order No. 51314-51317 of 2023 dated 12.09.2023, where the Bench quoted the relevant para from the earlier decision in Murali Realtors and observed as : "8. A Division Bench of this Tribunal in Murli Realtors, while examining a similar issue, observed as follows: "6.1 Section 67 of the Act, reproduced in para 4.1 above, clearly provides that only the consideration received in money for the service rendered is leviable to Service Tax. The consideration for renting of the immovable property is the amount agreed upon between the parties and on this amount the appellant is discharging Service Tax liability. The security deposit is taken for a different purpose altogether. It is to provide for a security in case of def....