2015 (1) TMI 85

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....ntant, for the Appellant. Shri R.K. Singla, Commissioner (AR), for the Respondent. ORDER Heard both sides. Learned CA submits that the entire activity carried out by the appellant has two components. One such component is development of the land where the undivided interest of the buyers of the flats exists and the second component is construction of the civil structure on the undivided i....

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....ant had constructed a commercial complex which comprised residential complex in the eyes of law. But that was not the activity carried out by the appellant when there was no intention of the parties to first construct the complex and make sale thereof. The intention of the parties is very clear from the two agreements executed between the appellant and the flat buyers and between flat buyers and l....

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....aforesaid premises, the appellant prays that there should be waiver of pre-deposit during the pendency of the appeal. 4. Revenue refutes entire proposition of the appellant on the grounds that there was construction of flats and sale thereof which is rightly classifiable under the taxing entry 'construction of complex' appearing in Section 65(105)(zzzh) of the Finance Act, 1994. 5.&emsp....