Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2011 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 1263 - AT - Service TaxServices of “construction of residential complexes” - Waiver of pre-deposit - Held that:- The Adjudicating Authority while deciding the issue on the merits of the case has clearly held that the ownership of the land still vested with the appellant-herein and necessary permission to carry out construction of residential complexes were issued by the authorities to the appellant. He has also recorded that the relevant record indicates that the appellant had only received the advance from the prospective buyers before completion of the purchase and obtaining any completion certificate from the authorities. In his view, only completed flat sold without any receipt of advance is a sale and rest of all would fall under the category of services of residential complexes. Thus not able to agree to this proposition of law, as it is very clear from the records that the appellants were the owners of the land and developed the properties and sold the flats to the prospective buyers by entering into different agreements. It is unconceivable that just because the appellant received advances from the prospective buyers, the sale could not be considered as sale and would fall under services. We find that the appellant has made out a prima facie case for the waiver of the pre-deposit of the amounts involved
|