Case Law Details
DLF Commercial Projects Corporations Vs Commissioner of Service Tax (CESTAT Chandigarh)
CESTAT held that Transferrable development right is immovable property, therefore, the transfer of development rights in the case in hand is termed as immovable property in terms of Section 3 (26) of General Clauses Act, 1897 and no service tax is payable as per the exclusion in terms of Section 65B(44) of the Finance Act, 1994.
CESTAT take a note of the fact that from time to time the query was made to the Revenue by the trade organization as well as M/s DLF Ltd whether they are liable to pay service tax on transfer of development right of land or not and the same was not answered till yet which means revenue itself is not clear whether the said activity is taxable service or not. In that circumstances, we hold that the extended period of limitation is not invokable and it cannot be said that the appellant did not pay service tax with malafide intentions.
FULL TEXT OF THE CESTAT JUDGMENT
The appellant (DCPC in short) is in appeal against the impugned order wherein demand of service tax of Rs. 183,78,48,265/- alongwith interest and imposing the penalty of Rs. 137,66,55,912/-.
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