Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Construction of separate villas for individual purchasers, even within a gated layout with common amenities, did not amount to construction of a residential complex for service tax purposes. The Tribunal treated separately identified plots, individual approvals, and contracts with each buyer as independent constructions rather than a single building or buildings with more than twelve residential units. Common project identity and shared facilities were held insufficient to enlarge the taxable definition. The demand was therefore unsustainable, and the related interest and penalties also failed; the VCES declaration did not change that result.
Construction of separate villas for individual purchasers, even within a gated layout with common amenities, did not amount to construction of a residential complex for service tax purposes. The Tribunal treated separately identified plots, individual approvals, and contracts with each buyer as independent constructions rather than a single building or buildings with more than twelve residential units. Common project identity and shared facilities were held insufficient to enlarge the taxable definition. The demand was therefore unsustainable, and the related interest and penalties also failed; the VCES declaration did not change that result.
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