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2018 (7) TMI 1289 - AT - Service TaxValuation - Construction of Residential Complex Services - inclusion of amount charged from customers in respect of parking space in assessable value - Held that:- In the definition of “Residential Complex Service”, parking space specifically stands included in Serial No.(iii) of the definition. If that be so, it has to be held that parking space is a part and parcel of the services falling under the category of “Residential Complex Services” - the new definition of “Preferential Location Services” specifically excludes the parking place which means that parking services do not get covered by the new definition - the consideration received by the appellant from their buyer on account of sale of parking space is a part and parcel of the services falling under the category of “Residential Complex Construction Services” and its value has to be added in the value of above services Extended period of Limitation - Held that:- The Service Tax law, during the relevant period, was still at the nascent stage and was not clear - Inasmuch as admittedly the parking area is a separate area from flats sold by the appellant, there can be bona fide belief on the part of the assessee that such parking charges are not includible in the value of the services falling under “Residential Complex Construction Services”. There is also no positive evidence indicating any mala fide on part of the appellant - extended period cannot be invoked. Appeal allowed - decided in favor of appellant.
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