2018 (7) TMI 1383

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e assessee, noticed that the respondent has charged various amounts by way of deposits from the buyers/ clients of the respondent in respect of the residential complex constructed by them. Such security deposits were taken in the form of a one time non-refundable interest free security deposit on account of 'Management, Maintenance and Repair Service'. As per the understanding with the buyers, such deposits will be transferred to the Resident Welfare Association formed subsequent to the handing over of the apartments to the buyers. The Department was of the view that such amounts collected by the respondent for providing the maintenance/repair of the residential complex will be liable for payment of Service Tax under the category of 'Manage....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a Universal Pvt. Ltd. V/s Commissioner of Service Tax, Mumbai-I 2017 (5) GSTL 289 (Tri.-Mumbai) ii. Kumar Beheray Rathi V/s Commissioner of Central Excise, Pune-III 2014 (34) STR 139 (Tri.-Mumbai) wherein under similar circumstances, the Tribunal has held that the levy of Service Tax under MMR was not justified. 4. We have perused the record and heard both sides. 5. The limited point for decision is whether the security deposits collected by the respondent, is to be taken as consideration for the providing of 'Maintenance of Immovable Property Service'. The lower Authority has recorded that such security deposits have been recovered from the prospective buyers and the same are to be used by the respondent in maintaining the comp....