No Service Tax on Maintenance deposit collected by builder & Transferred to society on formation without utilisation

Commissioner, CGST & Central Excise Vs Manglam Build Developers Ltd. (CESTAT Delhi) 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 mainte...