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2013 (8) TMI 677 - CESTAT NEW DELHIReal Estate Agent Service u/s 65 (88) - service tax on transfer charges received from its clients for substituting the names of new prospective purchasers of immovable property/real estate transactions in the place of prospective purchasers who had initially agreed to purchase the properties - Extended period of limitation was invoked for passing the order of assessment. Held that:-The service provided by the assesse in substituting names of prospective buyers of real estate, in its records, for which it collects transfer charges, does constitute real estate agent service, as defined in Section 65 (88) of the Act - ‘real estate agent service’ mean any service provided or to be provided to any person in relation to sale , purchase, leasing or renting of real estate including a real estate consultant - Since substitution of the names of prospective buyers, was an activity which was primarily in relation to sale of real estate - the concurrent conclusions by the authorities below suffer from no infirmity - extended period of limitation was invoked to assess tax liability - 50% of the duty was ordered to be paid as pre-deposit - upon such submission rest of the duty to be stayed till the disposal - Stay Granted.
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