2015 (10) TMI 1925

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....ructed on their own land together with the land taken for development from Shri S.L.N. Reddy and others. 2) Commercial complex namely Lumbini Jewel Mall was constructed on the land of Sri Ram Builders. In the residential complex construction the assessee has constructed 52 houses on their own land and 43 houses in the land taken for development. Out of the said 43 houses, the land owner is entitled to 24 houses (86,275 sq. ft.) and remaining 19 houses (63,730 sq. ft.) are earmarked for Developers. In respect of the commercial complex, Lumbini Mall, as per the Development Agreement, total built up area is shared between the land owner and developer in the ratio of 60:40. In this project, the developer has received 45.757.05 sq.ft. as their s....

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....3,633/- filed before the competent authority is till pending and not yet processed. These facts were not considered by the adjudicating authority. 5. Subsequently, the Learned Counsel submitted that an amount of Rs. 66,07,524/- was confirmed on account of Construction of Complex Services and Commercial Construction services on land owners share. He relied upon the CBEC Circular No.151/2/2012 ST dated 10.02.2012 and submitted that there is no service tax is payable prior to 1.7.2010. 6. He also submits that the appellant is in deep financial crunch and is incurring loss in the business and produces the latest balance sheet / profit and loss account. He also pleads limitation. 7. Learned AR submits that it is not that the entire acti....

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....it is hereby declared that for the purposes of this clause.- (a) -personal use includes permitting the complex for use as residence by another person on rent or without consideration; (b) -residential unit means a single house or a single apartment intended for use as a place of residence; The present fact is that even individual flats sold on the basis of construction agreement are covered under the levy of service tax from that day. However, Commercial or Industrial Construction Services remains the same and the construction of a mall was clearly covered by the service even prior to 1.7.2010 and the appellant did not pay service tax even for that period. It is also noticed from the brief facts reproduced above that approximately ....