2013 (4) TMI 271

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..... Veeraiyan: Heard both sides extensively on the stay petition. 2. The appellant is a builder/developer of residential flats. They constructed a residential complex consisting of 54 flats. For this purpose, they have entered into agreements with prospective buyers for sale of 1/54 share of undivided and inseparable share of land and subsequent construction of apartment thereon. They have bee....

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....the sale deed was executed only after completion of the entire complex and when the flat was ready for occupation. Referring to the circulars of the Board No.108/2/2009-ST dt.29.1.2009, No.F332/35/2006-TRU dt.1.8.2006 and No.151/2/2012/ST dated 10.2.2012, he submits that they are not required to pay service tax during the relevant period. The learned consultant also submits that substantive part o....

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....ication and, therefore even if it is held that the flat is sold after construction, the service component will be liable to tax. 5. We have carefully considered the submissions from both sides and perused the records. At the outset, we notice that the original authority has dropped the proceedings. The demand has arisen due to the order-in-revision passed by the Commissioner. The agreement is a....