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Noticee earned income from selling allotment rights of flats, which was not exigible to service tax as it involved transfer of rights in immovable property, excluded from the definition of 'service'. The amount charged as 'demand survey' was rightly excluded as it was adjustable against property price or refundable. Cancellation charges and miscellaneous income were not for any service provided, hence not leviable to service tax. Extended period of limitation, penalty, and interest were rendered inconsequential as the main issue was decided in favor of the noticee. The Tribunal affirmed the impugned order, dismissing the Revenue's appeal.
Noticee earned income from selling allotment rights of flats, which was not exigible to service tax as it involved transfer of rights in immovable property, excluded from the definition of 'service'. The amount charged as 'demand survey' was rightly excluded as it was adjustable against property price or refundable. Cancellation charges and miscellaneous income were not for any service provided, hence not leviable to service tax. Extended period of limitation, penalty, and interest were rendered inconsequential as the main issue was decided in favor of the noticee. The Tribunal affirmed the impugned order, dismissing the Revenue's appeal.
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