2014 (11) TMI 276

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....dential Complex Service', but paid only Rs. 6,74,452/- towards service tax. Further, it was observed that the assessee had not reflected correctly the amounts received from their customers in the ST-3 Returns filed by them for the years 2006-07 and 2007-08 and they had stopped filing ST-3 returns from April 2009 onwards. In response to the Revenue's letter dated 24.12.2010, the assessee submitted details of amounts received by them towards 'Construction of Residential Complex Service', vide their letters dated 19.5.2011 and 11.8.2011. In the aforesaid letters, the assessee contended that as per the master Circular dated 23.8.2007 and Circular No. 108/02/2009-S.T. dated 29.1.2009, they need not pay any service tax. 1.2. A study of the act....

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.... land was already sold to the buyer (prospective owner of the flat) under a separate agreement and the ownership of the property did not remain with the builder but was already transferred to the proposed owner of the flat and the builder only constructs the flat as per the plan approved by the local authorities. 1.3. Proceedings were initiated which culminated in confirmation of demand of service tax of Rs. 74,34,231/- for the period from 2006-07 to 2010-11 with interest and penalties also have been imposed. 2.  Learned counsel submitted that the appellant paid an amount of Rs. 6,74,452/- at the time of investigation of the case and requested that this amount may be treated as sufficient for purpose of hearing the appeal. He als....