TMI Blog2022 (4) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... tilized amount will be transferred to the society after it is formed. It is, therefore, the contention of the Revenue that merely because unutilized amount will be subsequently transferred to the society, the respondent does not get exempted from paying service tax on the amounts collected by it as maintenance deposit. It is evident that no amount of the maintenance deposit was to be utilized for maintenance of the complex by the respondent and the entire amount was to be transferred to the society once it was formed and was then to be used for major repairs, etc. As far as the respondent is concerned, it only held the deposit for the society to be formed later. The maintenance done by the respondent during the intervening period was at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red in the complex. The respondent did not pay any service on this amount. It has recorded this collection as a liability in its books of accounts as it is meant to be transferred to the society. Until the society is formed the respondent maintained the complex by itself. As per the agreement it would be entitled to collect separate maintenance charges from the buyers during that period, but it had not collected any such amount. It also did not spend the amount collected as maintenance deposit from the buyers towards maintenance of the complexes. In other words, the respondent maintained the complexes on its own expense and kept the amount collected as maintenance deposit as a liability to be transferred in toto to the society of the buyers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... restored. 8. After hearing both sides and perusing the records, we find that the appeal is filed by the Revenue under the wrong assumption that the maintenance deposit taken by the respondent from the buyers is to be utilized for maintenance of the complexes and any unutilized amount will be transferred to the society after it is formed. It is, therefore, the contention of the Revenue that merely because unutilized amount will be subsequently transferred to the society, the respondent does not get exempted from paying service tax on the amounts collected by it as maintenance deposit. 9. After going through the records of the case, assisted by the learned Counsel for the respondent and the learned Authorized Representative of the Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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