2015 (6) TMI 825

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....sisting of 506 residential units by the name "Gulmohar Gardens". The project is undertaken in two phases as per details on Page 6 of the Paper Book. 1.2. The appellants enter into an Agreement for Sale with prospective buyers. After completion of construction, the appellants enter into a Sale Deed. However, in cases where the buyer intends to obtain bank loan, the appellants enter into two co-terminus agreements (one for Sale of Undivided Interest in Land and another for Construction. The process flow is summarized on Page 14 of the Paper Book. 1.3. Initially, the appellants registered themselves under the category of "Construction of Complex Services" and discharged service tax. However, based on Circular 108/2/2009-ST dated 29.01.20....

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....ers' Case (Para 16.1, Page 140) Distinguished various decisions on the grounds that they are either interim orders or remanded cases (Para 16.1, Page 140) Reading the Circular in entirety clearly suggests that the transaction is excluded. LCS City Makers is distinguishable on facts since the allotment of flats was to a landowner who intended for further sale (Para 11.4 of the judgment is relevant) 2. Composition Scheme Since the venture was started in 2006, the benefit of composition scheme cannot be extended (Para 7.6, Page 208) Entire Complex is one singular works contracts and residential unit is a part of works contract. Since service tax was discharged before 01.06.2007, benefit of composition scheme cannot be ....

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....ble: Description Reduced Demand Tax Already Paid (Page 285) Benefit of Composition Scheme extended (Page 659) 33,77,102 47,73,858 Benefit of Reduction in Material Value extended (Page 658) 42,65,728 47,73,858 Extended Period held as not invocable (Page 213) 39,07,584 47,73,858   1.9. The appellants therefore pray that the demand be stayed in entirety till the time of the final hearing of the appeal. 2. Learned AR on the other hand would rely upon the decisions in the case of Golden Ventures Vs. CST, Chennai [2013 (32) S.T.R. 748 (Tri.-Chennai)] andLCS City Makers Pvt. Ltd. Vs. CST, Chennai [2013 (30) S.T.R. 33 (Tri.-Chennai)] to submit that the demand is sustainable. However we take not....