2014 (12) TMI 958

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....nt. Shri A.K. Nigam, AR, for the Respondent. ORDER Heard both sides. Applicant filed this application for waiver of pre-deposit of service tax amount of Rs. 1,21,33,999/- along with interest and penalty. The demand is confirmed on the ground that applicant has provided the real estate agents service. The contention of the applicant is that the applicant entered into an agreement with vari....

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....not sustainable. 2. The contention of the Revenue is that as per the definition of "Real Estate Agent", as provided under Finance Act Section 65(108)(88), the Real Estate Agency means a person who is engaged in rendering of any service in relation to the sale, purchase, leasing or renting of real estate and includes real estate consultant. In the present case, applicants only entered into ....

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....land in the name of the present applicant. As per the definition of 'real estate agent' as provided under Finance Act, real estate agent means a person who is engaged rendering any service in relation to leasing or renting of real estate agent. In the present case, the activity undertaken by the applicant is real estate agency as the applicant had not transferred the land in his name before enteri....