Case Law Details
Case Name : Mustansir I Tehsildar Vs. ITO (ITAT Mumbai)
Related Assessment Year : 2013- 14
Courts :
All ITAT ITAT Mumbai
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Mustansir I Tehsildar Vs. ITO (ITAT Mumbai)
Acquisition of flat in under construction building should be considered as Construction and not Purchase
Hon’ble Bombay High Court has held in the case of Mrs. Hilla J B Wadia (supra) has held that booking of flat in an apartment under construction must also be viewed as a method of constructing residential tenements. Accordingly, the co-ordinate bench has taken the view in the case of Sagar Nitin Parikh (supra) that booking of flat in an apartment under construction is a case of “Construction”. In view of the above said decision of the Hon’b...
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Author Bio
INSTANT
Looking from a different perspective: Should the view the ITAT has taken been carried forward to its logical conclusion, does it not necessarily follow that the concept of “Deemed Works Contract” , – on the basis of which levy of ST/GST on under- construction building property is being pursued, cannot but be regarded to have no merits – legality or legitimacy, whatsoever ?!