This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
No service tax liability where parties buying & selling properties on principal to principal basis
Case Law Details
- Case Name
- Premium Real Estate Developers Vs C.S.T. Service Tax (CESTAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Delhi
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
Premium Real Estate Developers Vs C.S.T. Service Tax (CESTAT Delhi)
Conclusion: Service tax cannot be imposed under the category “Real Estate Service” in absence of any defined consideration for the alleged service as both the parties were buying and selling property on principal to principal basis rather than as an agent and the principle.
Held: In the present case, assessee-firm was in the business of real estate trade. It entered into an agreement of trading in land, wherein they agreed to transfer, a measurement or area of land, in a particular area in favour of the Sahara India. Such...
