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    <title>2019 (8) TMI 913 - CESTAT NEW DELHI</title>
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    <description>A completed land transfer for a joint venture project could not be recharacterised as renting of immovable property merely because later mutation or transfer was refused; the land cost was not a segregated service consideration, so no service tax arose on that arrangement. Grant of 51% equity in the joint venture was not Business Auxiliary Service because no promotional, marketing, agency, or similar activity and no taxable consideration were shown; the demand was also time-barred. Recovery of employee costs on actual reimbursement basis, without mark-up, was only cost sharing and not Business Auxiliary Service. The demand failed on merits and limitation, and relief followed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=384724</link>
      <description>A completed land transfer for a joint venture project could not be recharacterised as renting of immovable property merely because later mutation or transfer was refused; the land cost was not a segregated service consideration, so no service tax arose on that arrangement. Grant of 51% equity in the joint venture was not Business Auxiliary Service because no promotional, marketing, agency, or similar activity and no taxable consideration were shown; the demand was also time-barred. Recovery of employee costs on actual reimbursement basis, without mark-up, was only cost sharing and not Business Auxiliary Service. The demand failed on merits and limitation, and relief followed.</description>
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