TMI Blog2011 (7) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... per : Mathew John, Member (T)]. - Appellant is in the business of developing real estate and selling developed properties and ready built flats to clients. Some of the clients who book for such properties ask for withdrawal from the scheme whereupon the property booked in their name is transferred to other new clients. For this the Appellants charge some money as administration charges, re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntainable. 4. In the case of restoration charges the argument is that such charges are levied when an allottee defaults in his payment schedule and for that reason allotment is cancelled. Thereafter when the allottee come for restoring allotment, a penalty is levied because of damages caused by default. It is argued that this cannot be considered as service charge levied by a 'real estate ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being transferred to a new person through the intermediary, namely the Appellant. 9. Considering that the total disputed value of transfer charges is about 150 lakhs, we direct the Appellant to make a deposit of Rs. 10,00,000/- (Rs. Ten lakhs) before 23-9-2010 and report compliance. Subject to such deposit there shall be waiver of balance dues for admission of the Appeal and there shall be s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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