2026 (8) TMI 794

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....nd having Registration No.ADZPM4945LST001. 2. The Appellant has been filling Service Tax Returns regularly and discharging their Service Tax liability. It was observed that during the Financial Year 2014-15, the Appellant reported the following amounts as the 'Rent' received from the properties owned by him:- SI. No. Address of the Immovable Property Apellant's share of rent (Rs.) 1 76, Sunder Nagar, New Delhi 36,00,000.00 2 House No. 22, Sector - 15A, Noida 1,44,00,000.00 3 17/9, Windsor Place, Lucknow 4,05,000.00 4 Khushalganj Pargana, Kakori, Lucknow 60,000.00 2.1. It was alleged by the Department that the Appellant has not discharged Service Tax on the amount of 'Rent' received by h....

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....emises has been rented out for the purpose of residence of the employees. Accordingly, he submits that all the rent received in respect of the above said 04 premises are exempt from payment of Service Tax. Hence, the demand of Service Tax confirmed in the impugned order is legally not sustainable. 3.2. Further, the Appellant submits that they were under the bona fide belief that they were not liable to pay Service Tax and hence no penalties can be imposed on them. 4. The Learned Authorized Representative submits that the Appellant has not submitted the lease agreements in respect of the properties rented out by him, before the Lower Authorities. Accordingly, demand of service tax has been confirmed. Thus, he supported the impugned ord....

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....ods Pvt Ltd. In the Supplementary deed, it is clearly mentioned at Sr. No.1 that the tenant i.e. M/s P.B.S Foods shall pay Rs.3,00,000/- per month as rent to the appellant against use of the property for residential purpose. The above lease deed was further renewed from 01.09.2014 to 31.08.2019 on the same terms and condition. I find that "services by way of renting of residential dwelling for use as residence" is covered under the clause (m) of Section 66D of the Finance Act, 1994 i.e. its covered under Negative list, therefore, I am in agreement with the appellant's plea that the rent received from that property in F.Y.2016-17 was exempt from Service Tax. As regards the Second Lease deed made between the appellant and M/s Forum Pharma....

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....gly same was out of purview of Service Tax. Misra and Misra Associates did not pay any Service tax" 6.2. From the above, we find that the Lower Authority has examined the lease deed executed by the Appellant with the tenants and concluded that the three properties mentioned above at Serial No. 1, 2 & 3 have been rented out for residential purpose and allowed the benefit of Section 66D(m) of the Finance Act, 1994. Thus, we find that the evidence available on record categorically indicate that the said 03 premises mentioned at Serial No. 1, 2 & 3 at para 2 supra are meant for residential purposes. Accordingly, we hold that the Appellant is eligible for exemption as provided under Section 66D, in respect of the 03 properties mentioned at Se....

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....€à¤¯ गैर न्यायिक एक सौ रुपये Rs. 100 ONE HUNDRED RUPEES रु. 100 सत्यमेव जयते भारत INDIA INDIA NON JUDICIAL उत्तर प्रदेश UTTAR PRADESH AR 443660 LEASE DEED This deed is made on 1" day of April - 2011 by and between 1. Kapil Misra Son of Shri Satish Chandra Misra, 2. Kalpna Misra wife of Shri Satish Chandra Misra and 3.'Satish Chandra Misra son of Late Shri T.S. Misra all residence of 17/6, Windsor Place, Lucknow hereinafter referred to as the "LESSOR", which expressi....