TMI Blog2019 (1) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... ed into an agreement as a party thereto, but in fact has engaged himself in rendering the services of sale of the property in favour of someone else irrespective that agreement to sell was initially executed in his favour. The aforesaid definition of real estate agent in Section 65 (88) of the Act makes it clear that it is not merely the real estate consultant but any person who facilitates getting any property /real estate sold, purchased, leased out or rented out shall be called as real estate agent and the services rendered by him under said capacity shall be taxable under Section 65 (105) (v) of the Act. Thus, the arguments of the appellant are not sustainable. There seems no justification for any bonafide misapprehension/ misconc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the land was transferred to ultimate purchaser on 15.02.2007 as per the sale deed for ₹ 32,00,000/- only. 2. It was also revealed that during the year 2005-06 earned the income of ₹ 2,50,00,000/- out of the transaction relating to 22.58 Acres of land vide an agreement to sale deed dated 01.04.2004 between the owner thereof i.e. M/s. Ken Electricals and the appellant for sale consideration of ₹ 2,76,25,625/- permitting the appellant to sell the property to someone else. Pursuant thereto appellant got sale deed dated 05.04.2004 executed between M/s. Ken Electricals, M/s. Chattisgarh Steel Casting and M/s. Hari Yog Builders Pvt. Ltd. vide which M/s. Ken sold the property to M/s. Hari Yog Builders Pvt. Ltd. for sale consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Service Tax liability. The decision of this Tribunal in the case of Binlas Duplux Ltd. vs. Commissioner of Central Excise, Meerut 2007 (7) STR 561 (Trib.- Del.) has been relied upon to impress that contract and documents not indicating rendering of services cannot be read for the said services. It is impressed upon that services like purchase or hiring of real estate cannot be classified as real estate agent services. 5. Finally, objecting the show cause notice as being barred by time for want of any intention of the appellant to evade the duty, the order under challenge is prayed to be set aside. Appeal is prayed to be allowed. 6. While rebutting, ld. DR has justified the order impressing upon that the transactions entered into by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action relating to 22.58 acres of land at village Chorhat in Distt. Rewa vide agreement to sale dated 01.04.2004 between the owner M/s. Ken Electricals and Appellant for consideration of ₹ 2,75,25,625/-. Pursuant to this another sale deed dated 05.04.2004 was signed between M/s. Ken Electricals, M/s. Chhattisgarh Steel Castings and M/s. Hariyog Builders (P) Ltd., Rewa as per which the property was sold by M/s. Ken Electricals to M/s. Hariyog Builders (P) Ltd. for consideration of ₹ 5,26,25,525/- out of which M/s. Ken Electricals retained ₹ 2,76,25,625/- and differential amount of ₹ 2,50,00,000/- received by Appellant as income out of the sale of the property. 8. Thus, the moot question to be considered is as to wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not merely entered into an agreement as a party thereto, but in fact has engaged himself in rendering the services of sale of the property in favour of someone else irrespective that agreement to sell was initially executed in his favour. 11. The aforesaid definition of real estate agent in Section 65 (88) of the Act makes it clear that it is not merely the real estate consultant but any person who facilitates getting any property /real estate sold, purchased, leased out or rented out shall be called as real estate agent and the services rendered by him under said capacity shall be taxable under Section 65 (105) (v) of the Act. Thus, the arguments of the appellant are not sustainable. Nothing is apparent on record that the adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to reflect that appellant is inclined to just gain time to avoid the liability of the payment of Service Tax as has been adjudicated against him. Thus, the observations of the Department it is categorically clear that the conduct of the petitioner in failing to obtain registration, in filing returns, and in remitting Service Tax on the two transactions as inter alia in violation of the provisions of act with an intent to evade tax are opined to have cogent and correct basis. 13. In the result, there seems no justification for any bonafide misapprehension/ misconception on the part of the appellant as far as the definition of real estate agent is concerned. The order under challenge is therefore, held to have no infirmity and accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
