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TMI Blog2024 (12) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... evelopment charges or by whatever name called) in respect of taxable service provided or agreed to be provided by a state Government Industrial Development or Undertaking to Industrial units by way of grant of long term lease of thirty years or more of Industrial plots, shall be levied or collected during the period commencing rom the 1 day of June, 2007 and ending with the 21 day of September 2016 (both days inclusive). " 2.1. Notification No. 41/2016-ST dated 22.09.2016 was also issued prescribed as follows:- "In exercise of powers conferred by sub-section (1) of Section 93 of the Finance Act. 1994(32 of 1994), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts taxable service provided by State Government Industrial Development Corporation/ Undertakings to Industrial Units by way of granting long term (thirty years, or more) lease of Industrial plots from so much of service tax leviable thereon under section66B of the said Act, as is leviable thereon under Section 66B of the said Act, as is leviable on the one time upfront amount (called as premium, salami, cost, price, development charges or by any other name) payable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Apex Court in the case of S. Gopal Reddy V. State of A.P. - (1996) 4 SCC 596 :- "12. It is a well-known rule of interpretation of statutes that the text and the context of the entire Act must be looked into while interpreting any of the expressions used in a statute. The courts must look to the object which the statute seeks to achieve while interpreting any of the provisions of the Act. A purposive approach for interpreting the Act is necessary." 3. Learned Chartered Accountant appearing for the respondent pointed out that they have not filed any claim under Notification No. 41/2016-ST but filed claim under Section 104 of the Finance Act, 1994. He pointed out that the offer cum allotment latter dated 23.08.2013 gave following options to the respondents. :- The allotment price shall be payable as under Option 1 * The total allotment price (after deducting there from the amount paid as deposit at the time of making the application) within 30 days from the date of this Allotment Letter. OR Option 2 * 30% of the allotment price (after deducting there from the amount paid as deposit at the time of making the application) within 30 days from the date of this Allotment Let ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 994(32 of 1994), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts taxable service provided by State Government Industrial Development Corporation/ Undertakings to Industrial Units by way of granting long term (thirty years, or more) lease of Industrial plots from so much of service tax leviable thereon under section 66B of the said Act, as is leviable thereon under Section 66B of the said Act, as is leviable on the one time upfront amount (called as premium, salami, cost, price, development charges or by any other name) payable for such lease." 4.2. The facts of the case are that the respondent had discharged Service Tax liability on payments made to GPCL in respect of parcel of land allotted by GPCL to the respondent at the rate of Rs. 450/- per Sq. Mtr. The GPCL had granted two options. The following options for payment of the said amount of Rs. 450/- per Sq. Mtr. : The allotment price shall be payable as under : Option 1 * The total allotment price (after deducting there from the amount paid as deposit at the time of making the application) within 30 days from the date of this Allotment Letter. OR Option 2 * 30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licable from such date as the Corporation may decide. You shall pay the revised rate of interest upon intimation from the effective date and shall have no right to object to or question the decision of the Corporation in this regard. (c) In the event of you opt for making payment of the allotment price as per Option 2, then along with making payment of the 30% of the allotment price. you shall forward to the Corporation post dated cheques for payment of the allotment price outstanding and the interest due thereon as set out in Schedule You hereby agree and undertake that the post dated cheques when presented for payment are duly honored by your bank. 6) Considering the actual expenditure incurred for development of infrastructure such as site development, roads, water supply. strengthening of reservoir, compound wall/fencing, green belt. street light. R & R facilities. expenditure of various site related studies carried out by the corporation, etc. development charge will be fixed by Corporation and it will be recovered in proportion to the land allotted, in single installment with service tax if any. Presently infrastructure work is in progress Due to providing the infrastruct ..... 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