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2015 (7) TMI 349 - CESTAT BANGALORE

2015 (7) TMI 349 - CESTAT BANGALORE - TMI - Construction of residential complex - Penalty u/s 76, 77 & 78 - Held that:- During the relevant period, if the builder and developer constructed a residential complex himself and sell the flats to individuals, such activity is not liable for tax. However appellant has paid the tax. In my opinion, this itself is sufficient to take a view that the original authority's decision not to impose penalty is appropriate. However in the case of CST, Bangalore Vs .....

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, Asst. Commissioner (AR) ORDER Per: B S V Murthy: Appellant is a builder and developer engaged in construction of residential complex. Taking a view that appellant should have paid service tax during the year 2006, proceeding were initiated. Appellants paid the service tax with interest. However proceedings were initiated for imposition of penalty. The original adjudicating authority dropped penalty by invoking provisions of Section 80 of Finance Act, 1994. This decision was reviewed by the Com .....

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