TMI Blog2010 (4) TMI 669X X X X Extracts X X X X X X X X Extracts X X X X ..... y the appellants as real estate agent – Held that: – contentions not satisfied as to no levy of Service tax the nature of the service provided in view of the service provided by the appellants in relation to real estate – waiver partly allowed - ST/951-952/2009 - ST/80-81/2010(PB) - Dated:- 26-4-2010 - Dr. Chittaranjan Satapathy, Shri D.N. Panda, JJ. REPRESENTED BY : Shri S.K. Pahwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Counsel Shri Pahwa submits that this appellant does not provide real estate agent service as defined by Section 65(105)(v) of the Finance Act, 1994 read with Section 65(88) thereof. This appellant is engaged in the real estate development and purchases land for development thereof, and constructing building. The potential buyers of the property are registered with the appellants and to mainta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs, sale of real estate. In the instant case, persons who have entered into agreement with appellants for purchasing flats under construction and periodically pay the consideration, sold the flats to other parties identified on their own. In this transaction, the appellant has no role. However, the appellant collects a charge in such transfers of ownership of flat as per the agreement with the pot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are not satisfied as to no levy of Service tax the nature of the service provided in view of the service provided by the appellants in relation to real estate. Once we come to such an observation we are unable to grant full waiver of pre-deposit. Taking both the demands into consideration we direct the appellant to make pre-deposit of Rs. 10 lakhs within 4 weeks from today and report compliance on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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