2014 (3) TMI 439

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....mresh Jain, DR PER : G Raghuram The adjudication order dated 31.03.2011 passed by the Additional Commissioner, Central Excise and Service Tax, Raipur confirmed service tax of Rs.45,30,609/- besides levying interest thereon under section 75 and imposing penalties under Sections 77 and 78 of the Finance Act, 1994. Penalty under Section 76 of the Act was also imposed. 2. Aggrieved thereby th....

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....reed to cause transfer of this property in favour of the said purchaser for a consideration of Rs. 1,91,81,450/-. The difference between the considerations under the agreement dated 24.07.2006 and the agreement dated 02.02.2007 was the profit of the petitioner. In the second transaction, on 01.04.2004 an ikrarnama was entered into with the owner of a specified extent of land for a consideration of....

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....and not the taxable service of real estate agent. This defence did not commend acceptance by the adjudicating authority, who therefore confirmed the service tax demand. 4. Before us in this stay application ld. Counsel for the appellant inter alia reiterated the contentions unsuccessfully, urged before the lower authorities. It is contended that since information about the transaction was avail....

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....we find no justification for any bonafide misapprehension on the part of the petitioner, as to the scope of the contours and trajectory of the definition of the expression "real estate agent" nor any cause for a misconception that the transaction falls outside the purview of this taxable service. 6. On the aforesaid view, we are not inclined to grant absolute waiver of pre-deposit nor stay all ....