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2021 (10) TMI 310 - HC - Service TaxLevy of service tax alongwith penalty - transfer of development rights - suppression of factum of taxable service - intent to evade tax - HELD THAT:- Petitioners are the land developers and that they take up developmental activities on the lands belonging to others, is not in dispute; the development activities are accomplished in terms of Joint Development Agreements whereunder the structure built in the form of Flats are shared between the developers and the land owners in the agreed ratio. Circular dated 10.02.2012 makes it abundantly clear that the taxable event occurs at the time when the builder gives the possession or creates right in the property of the said Flats in favour of the land owner; these “building blocks” of the provision are conspicuously absent in the impugned notices which appear to stand as the “non-sense on the stilts”; therefore, they are liable to be violated warranting remittance of the matter for fresh consideration. Matter is remitted for being treated afresh - petition allowed in part and part matter on remand.
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