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    <title>2026 (7) TMI 839 - CESTAT NEW DELHI</title>
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    <description>Refundable advances or security deposits received for proposed property transactions are not taxable consideration where records establish that they were refundable and were returned when transactions did not proceed. Under section 67(2) of the Finance Act, 1994, amounts received without separate recovery of service tax must be treated as inclusive of tax, allowing cum-tax valuation. A verified original completion certificate can support the claimed service-tax benefit and should not be rejected merely for an initial failure to produce it. Sale of flats acquired and owned by the seller is a transaction in its own immovable property, not a taxable real estate agent service.</description>
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      <link>https://www.taxtmi.com/caselaws?id=794953</link>
      <description>Refundable advances or security deposits received for proposed property transactions are not taxable consideration where records establish that they were refundable and were returned when transactions did not proceed. Under section 67(2) of the Finance Act, 1994, amounts received without separate recovery of service tax must be treated as inclusive of tax, allowing cum-tax valuation. A verified original completion certificate can support the claimed service-tax benefit and should not be rejected merely for an initial failure to produce it. Sale of flats acquired and owned by the seller is a transaction in its own immovable property, not a taxable real estate agent service.</description>
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