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2014 (11) TMI 86 - AT - Service TaxRenting of immovable property - pure agent - joint venture - according to the Memorandum of Understanding entered into between 14 co-owners and the appellant, the appellant was allowed to enter into lease agreement/rental agreement and pay the co-owners in accordance with percentage fixed in the agreement, the amount received by them after retaining a percentage as their commission - Held that:- Appellant only acted as a pure agent - it cannot be said that appellants have rented out the immovable property but it is the co-owners who have rented out the property. In view of the decision of the Tribunal in the case of Manju Champaklal Bafna: [2013 (12) TMI 907 - CESTAT AHMEDABAD] wherein in a similar situation, unconditional waiver of pre-deposit was granted where there were co-owners of the property, we consider that, in this case also, a similar treatment is required to be extended. Accordingly, the requirement of pre-deposit is waived and stay against recovery is granted during the pendency of appeal - Stay granted.
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