2019 (11) TMI 297

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....ER (TECHNICAL) Shri Kapil Vaish And Shri Ashish Vaish, Chartered Accountant for Appellant Shri Rajeev Ranjan, Authorized Representative for Respondent ORDER ARCHANA WADHWA After hearing both the sides duly represented by Shri Kapil Vaish & Shri Ashish Vaish, learned chartered accountant appearing for the appellant and Shri Rajeev Ranjan, learned A.R. appearing for the Revenue, we fi....

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....and Rs. 3,93,533/-. The same stands confirmed by the Lower Authorities alongwith confirmation of interest and imposition of penalty. Hence the present appeal. 3. The issue relates to inclusion of the amount collected by the appellant as IFMS. Revenue's contention is that the said collected amount would fall under the category of 'Management Maintenance and Repair Services' and would be liable t....

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....he ownership agreement and if no such termination has taken place till date, the amount would not be refunded. As long as the provisions for refund of the said amount in the agreement itself is there, it has to be considered that the said amount is refundable and was towards security deposits and was not for the purpose of providing any services, so as to levy tax on the same. 4. In any case, w....