2017 (5) TMI 1143

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.... correct in setting aside the demands raised with interest and also the penalties imposed under the category of "real estate agent" service. The show-cause notice dated 25.10.2011 issued to the respondent alleges that the activities of the respondent would fall under the category of "real estate agent service" / "real estate consultant service" as enumerated in Section 65 (88) and Section 65 (89) of the Finance Act, 1994, respectively. The said show-cause notice was contested by the appellant on merits by bringing on record that they did not act as "real estate agent" or 'real estate consultan' but in fact they have purchased the land and Transferable Development Rights (TDR) and sold the same for a premium /profit.  Nevertheless the a....

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.... under 'real estate agent' service they are covered under 'real estate consultant' definition because they have rendered technical assistance with respect to some of the ingredients mentioned in the definition of the real estate consultant. 4. Learned Counsel appearing for the respondent submits that identical/similar issue came up before the Bench in the case of Sarjan Realties Ltd. - 2014 (36) STR 877(Tri. Mum) and Binlas duplux Ltd. - 2007 (7) STR 561 Tri. Del.) wherein the Bench held that sale and purchase of the land by assessee will not fall under the category of 'real estate agent' services. 5. On careful consideration of the submissions made by both sides, we find that Revenue's appeal is devoid of merits for more than one reason.....

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.... been any taxable service from the appellant to Pawar family, the appellant would have received some consideration from the latter which is not the case here. Thus, no ingredient of taxable real estate agent service has been found available in this case and, therefore, the order passed by the Addl. Commissioner in this case is found without any legal basis." As against the above said factual findings, Revenue has not come out with contrary evidence to show that the respondent's services would get cover under the definition of 'real estate agent' services or 'real estate consultant' services. The first appellate authority was correct in coming to such a conclusion that the activities as undertaken by the respondent would not fall under the ....