2008 (11) TMI 588

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....ilure to pay the Service Tax has been imposed under Section 76 of the Finance Act, 1994. (iii) Penalty of Rs. 1,000/- under Section 77 of the Finance Act, 1994. (iv) Equal penalty under Section 78 of the Finance Act, 1994. (v) Interest has also been demanded under Section 75. 2. The following issues are involved : (i) Amounts due for the years 2003-04, 2004-05 on account of construction activity. (ii) Demand of Service Tax on account of enhancement of the value taking into consideration the account the value of the land Rs. 3,95,726/-. 3. The learned Advocate stated that the appellant is a developer. He is getting flats constructed by sub-contractor and selling the same. His contention is that they are not providing any service and h....

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....ction activity. Any advance, made by a prospective buyer, or deposit received by the petitioner-company, is against consideration of sale of the flat/building to such prospective buyer and not for the purpose of obtaining service from the petitioner-company. (ii) Assotech Realty Pvt. Ltd. v. State of U.P - 2007 (7) S.T.R. 129 (All.). 4. The learned Special Counsel for the revenue stated that the decision in the case of Magus Construction Pvt. Ltd. (supra) is not fully applicable to the facts of the present case, as the appellants are constructing both residential and commercial complexes. Moreover, all the details which are furnished before the Tribunal now were not available before the Original Authority. The contractors are also their s....