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    <title>2026 (2) TMI 10 - CESTAT KOLKATA</title>
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    <description>Refundable sinking funds retained by the developer were treated as pure deposits and not consideration for a taxable service, so service tax demand on those amounts was invalid. Miscellaneous receipts for purchase of items charged with VAT by vendors were not services provided to flat owners and cannot attract service tax, so that demand was set aside. Advance maintenance deposits and related confirmed service tax demand of Rs.21,18,991 were found unsustainable, with associated interest and penalties therefore not leviable. Advances received towards sale of flats for projects completed before 01.07.2010 were classified as sale consideration (not taxable service) and the revenue appeal was dismissed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=785815</link>
      <description>Refundable sinking funds retained by the developer were treated as pure deposits and not consideration for a taxable service, so service tax demand on those amounts was invalid. Miscellaneous receipts for purchase of items charged with VAT by vendors were not services provided to flat owners and cannot attract service tax, so that demand was set aside. Advance maintenance deposits and related confirmed service tax demand of Rs.21,18,991 were found unsustainable, with associated interest and penalties therefore not leviable. Advances received towards sale of flats for projects completed before 01.07.2010 were classified as sale consideration (not taxable service) and the revenue appeal was dismissed.</description>
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