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    <title>2009 (4) TMI 800 - COMMISSIONER OF CENTRAL EXCISE (APPEALS), MANGALORE</title>
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    <description>Construction activity undertaken by a builder or promoter under an agreement to sell, before execution of the sale deed, is treated as self-service and falls outside service tax on construction of complex under Section 65(105)(zzzh). The Board&#039;s circular dated 29-01-2009 clarified that construction-linked payments received from purchasers do not by themselves make the builder&#039;s pre-transfer activity taxable, because ownership remains with the builder until conveyance. It also recognised that construction for an ultimate owner&#039;s personal use is covered by the residential complex exclusion. On this reasoning, the value attributable to land and the builder&#039;s own construction activity were not taxable.</description>
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    <pubDate>Wed, 22 Apr 2009 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 19 Apr 2013 15:41:58 +0530</lastBuildDate>
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      <title>2009 (4) TMI 800 - COMMISSIONER OF CENTRAL EXCISE (APPEALS), MANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=144104</link>
      <description>Construction activity undertaken by a builder or promoter under an agreement to sell, before execution of the sale deed, is treated as self-service and falls outside service tax on construction of complex under Section 65(105)(zzzh). The Board&#039;s circular dated 29-01-2009 clarified that construction-linked payments received from purchasers do not by themselves make the builder&#039;s pre-transfer activity taxable, because ownership remains with the builder until conveyance. It also recognised that construction for an ultimate owner&#039;s personal use is covered by the residential complex exclusion. On this reasoning, the value attributable to land and the builder&#039;s own construction activity were not taxable.</description>
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      <pubDate>Wed, 22 Apr 2009 00:00:00 +0530</pubDate>
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