TMI Blog2018 (2) TMI 1889X X X X Extracts X X X X X X X X Extracts X X X X ..... - HELD THAT:- The agreements entered into by the appellant with the buyer clearly indicate that the consideration recovered is partly for the sale of undivided rights of the land on which the complex has been constructed and rest is for the construction charges. The two amounts are indicated separately in the agreements entered into with the buyers as well as recorded separately in the Books of A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... March 2006. During the course of audit, the Department noticed that the appellant was receiving consideration from its customers, on the basis of agreement which indicated that the consideration pertains to:- (a) Sale of undivided rights of the land on which the building was constructed (b) the Construction charges The land value was indicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd rest is for the construction charges. The two amounts are indicated separately in the agreements entered into with the buyers as well as recorded separately in the Books of Accounts of the appellant. In view of the above, we find no reason to uphold the levy of service tax on the amount booked as land charges particularly in view of the clarification issued by TRU supra. 3. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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