No service tax on activities undertaken in the capacity of a real estate developer

Prestige Estates Projects Pvt Ltd Vs Commissioner Of Central Tax (CESTAT Bangalore) It is seen that the amounts received by the appellants in respect of 3 activities undertaken by them i.e. ‘assignment transfer income’, assessment and bifurcation fees, ‘Khata transfer fees’ and ‘forfeiture’ amounts find their origin in the agreement with prospect to buyers in which the appellants are developers only and are not workings as real estate agents. Therefore, we find that there is considerable force in the agreement that the activity undertaken by them is not in the capacity of a real es...