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Transfer of Development Rights Not Taxable as Service as It Involves Immovable Property: CESTAT

Case Law Details

Case Name
Omaxe Limited Vs Commissioner of Central Goods And Service Tax and Central Excise (CESTAT Delhi)
Date of Judgement/Order
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Omaxe Limited Vs Commissioner of Central Goods And Service Tax and Central Excise (CESTAT Delhi) Service Tax Demand Quashed as Development Rights Treated as Benefits Arising From Land; CESTAT Delhi Sets Aside Service Tax on Development Rights Due to Transfer of Land Interest; No Service Tax on Transfer of Development Rights Because Rights in Land Are Conveyed: CESTAT; Development Rights Transaction Outside Scope of ‘Service’ Under Finance Act: CESTAT Delhi; Service Tax Cannot Be Levied on Development Rights Transfer Linked to Immovable Property; CESTAT Allows Appeal After Holding Developme...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,511

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