TMI Blog2016 (2) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... ly basis - Held that:- independent units have been constructed in a colony are not covered in construction of residential complex - for the demand raised under the category of Construction of Residential complex, the applicant has made out a case but for the lease rent collected by the applicant, we find that lease rent is recovered by the applicant yearly from the intended buyer of the flats and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... residential flats / complex on behalf of State Government and lease out the said flats to the intended buyers and charging lease rent on yearly basis. The revenue is of the view that as the appellant has constructed more than 12 houses, therefore the activity undertaken by the appellant covers under the residential complex service, therefore, they are liable to pay service tax on the construction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or renting of immovable property service, it is the submission of learned Counsel that lease money has been collected on behalf of the State Government and same has been deposited with the State Government. Therefore, the lease money is not the income of the applicant and they are not liable to pay service tax thereon. 5. On the other hand, learned AR opposed the contention of the learned Couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aking prima facie view. Therefore, relying on the case law cited by the learned Counsel for the applicant, we find that for the demand raised under the category of Construction of Residential complex, the applicant has made out a case but for the lease rent collected by the applicant, we find that lease rent is recovered by the applicant yearly from the intended buyer of the flats and lease has be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
