2013 (11) TMI 1254

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....Naidu, SDR, for the Respondent. ORDER The applicants are seeking waiver of pre-deposit of the following demands confirmed against which are given here as under : S. No. Category of service provided Amount demanded (in Rs.)       (i) Renting of Immovable Property Service 6,25,64,325/-       (ii) Real Estate Agency Service....

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.... and which is approximately Rs. 75,00,000/- and the balance amount is on account of deposits made for obtaining electricity connection, calculation mistake made by Revenue etc. Considering the submissions of the learned counsel, that the issues whether the amount for which they are seeking pre-deposit pertains to 'deposits for getting electricity connection' and 'rent recoverable' for the perio....

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....able to pay service tax on the differential amount received by them for relinquishment of their right under the category of "Real Estate Agency service". Prima facie, we are of the view that it is a transaction, where the applicants have intended to purchase the property and later, they did not intend to purchase the same but the consideration was received from relinquishment of the title in the p....

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....hat it is a transaction for sale of shares of the company, therefore, the assessees are not liable to pay service tax under the category "Business Auxiliary Service". Accordingly, we waive the requirement of pre-deposit of the entire service tax, interest and penalty and stay recovery thereof during the pendency of the appeal. (iv) Denial of CENVAT credit : A demand has been confirmed on the as....