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2013 (1) TMI 268 - CESTAT, BANGALOREWaiver of pre-deposit - Stay of recovery - Real Estate Agency Service - Section 65 (88) Modus operandi - Assessee was a partnership firm in relation to real estate business - Assessee executed agreements with prospective sellers of property - Obtained General Power of Attorney (GPA) from the prospective sellers - the properties of the aforesaid sellers sold to M/s Sahara India Commercial Corporation - The amount so received as sale consideration in each transaction was higher than the amount shown in the corresponding purchase agreement Assessee contended that its trading activity inasmuch as the appellants were purchasing and selling immovable properties Held that:- The modus operandi of the appellants, which we have briefly stated herein before, is crystal clear. They suppressed the relevant facts before the department. Therefore, we are in agreement with the findings recorded by the adjudicating authority on the limitation issue also. We have gone through the facts of the case covered by stay order No. 1280/2011 and have found the same to be distinguishable vis-a-vis the facts of the present case. There is no plea of financial hardships in the stay application. Waiver denied. In favour of revenue
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