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2018 (4) TMI 115 - AT - Service TaxReal Estate agency service - amount received as sale consideration - respondent's claim is that such amount is towards the sale of Developmental Rights for the piece of land in Nashik, whereas Revenue has taken the stand that such amount is towards facilitating the sale of the said piece of land, and hence, liable to payment of Service Tax under the category of Real Estate Agent Services. Held that: - the consideration received by the respondent is towards sale of Developmental Rights to the land and cannot be considered as commission for real estates agents services - reliance placed in the case of CCE, Nashik vs Viraj Estates Pvt. Ltd. [2017 (5) TMI 1143 - CESTAT MUMBAI], where, relying in the case of Sarjan Realties Ltd. [2014 (7) TMI 933 - CESTAT MUMBAI] it was held that the activities of purchase and sale of the land and the amount received by them, and the difference between purchase price and sale price cannot be held as commission and taxable under real estate agent services. Appeal dismissed - decided against Revenue.
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