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of <h1>CESTAT decision affirmed for construction of houses as residential complex under Finance Act</h1> <h3>Commissioner Of Central Excise & Service Tax, Bengaluru Versus Alliance Infrastructure Projects Private Limited,</h3> Commissioner Of Central Excise & Service Tax, Bengaluru Versus Alliance Infrastructure Projects Private Limited, - 2022 (56) G. S. T. L. 3 (Kar.) Issues:1. Interpretation of the definition of 'residential complex' under Section 65(91a) of the Finance Act, 1994.2. Application of the doctrine of unjust enrichment in the context of service tax collection.Interpretation of 'Residential Complex':The case involved an appeal by the revenue challenging an order passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). The respondent was engaged in constructing independent villas and had paid service tax under the category of 'construction of residential complex service.' The main issue was whether the construction of individual houses/villas in a residential complex could be considered a 'Residential Complex' under Section 65(91a) of the Finance Act. The revenue argued that the respondent's construction constituted a residential complex, while the respondent contended that it did not fall under the definition. The Court examined the definition of 'residential complex' under Section 65(91a) and referred to a previous judgment by the CESTAT which clarified that constructions of individual residential units were not subject to service tax.Doctrine of Unjust Enrichment:The respondent raised the doctrine of unjust enrichment, claiming that only 40% VAT was collected and not service tax as per agreements with purchasers. The Court analyzed this claim and found that the principles of unjust enrichment and limitations under Section 11B of the Central Excise Act did not apply in this case. The CESTAT had already examined this issue extensively and concluded that the doctrine of unjust enrichment was not applicable. The Court upheld this finding and dismissed the appeal, citing the confirmation of a previous decision by the Hon'ble Apex Court.Conclusion:After considering the arguments and the relevant legal provisions, the Court upheld the decision of the CESTAT, finding no grounds to interfere with the order. The substantial question of law was answered in favor of the assessee and against the revenue. Consequently, the appeal was dismissed, affirming the decision of the CESTAT.
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