9911796707
TMI Blog2015 (1) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... P Muralidharan, Supdt. AR ORDER Per: P K Das: The applicant is providing taxable service under the category of 'Construction of Residential Complex service'. They entered into a joint venture agreement with a land owner for construction of 72 flats in three blocks viz., A, B and C. The applicant owned 48 flats and paid service tax for the consideration received from these flats. The dispute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the show cause notice to substantiate that they have disclosed the land cost to the department. It is contended that according to the land cost, the tax payable was about Rs. 3,54,052/-. But the tax was determined on the basis of the value of 24 flats as per Rule 3(A) of the Service Tax (Determination of Value) Rules, 2006. He submits that as per Section 67 (1) (II) of the Finance Act, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ai - 2014 (33) STR 448 (Tri.-Chen.), where stay was granted partially. 4. After considering the submissions by both sides and on perusal of the records, we find that the applicant constructed 72 flats. Out of that, the dispute relates to 24 flats of the land owner's share. The Revenue determined the value on the basis of the value of the similar flats. The main contention of the Ld. Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here the consideration received is not wholly or partly consisting of money, shall be determined by the service provider in the following manner:- (a) the value of such taxable service shall be equivalent to the gross amount charged by the service provider to provide similar service to any other person in the ordinary course of tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Revenue has already allowed abatement while determining the tax. Hence, the applicant is failed to make out a prima facie case for waiver of pre-deposit of entire amount of duty along with interest and penalty. 6. Accordingly, the applicant is directed to make a pre-deposit of Rs. 12,00,000/- (Rupees Twelve lakhs only) within a period of eight weeks. Upon deposit of the said amount, pre-dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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