2021 (10) TMI 310

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..... N.R. Bhaskar, CGSC For R1, R2 & R3; SRI. T.K. Vedamurthy, Advocate For R3) (By Sri. Amit Deshpande, Advocate For R2 & R3) ORDER In all these Writ Petitions, the Assesses are knocking at the doors of writ court for assailing the Show Cause Notices issued by the third respondent herein asking them to show cause against the proposed levy of service tax coupled with penalty under sections 75, 76, 77 & 78 of the Finance Act, 1994 on the ground that they have suppressed the factum of taxable service and transfer of development rights, with intent to evade payment of tax and education cess. 2. After service of notice, the Revenue having entered appearance through it's Senior Panel Counsel vehemently opposes the Writ Petitions contending....

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....narily. Accordingly, the value of these flats would be equal to the value of similar flats charged by the builder/developer from the second category of service receivers. In case the prices of flats/houses undergo a change over the period of sale (from the first sale of flat/house in the residential complex to the last sale of the flat/house), the value of similar flats as are sold nearer to the date on which land is being made available for construction should be used for arriving at the value for the purpose of tax. Service tax is liable to be paid by the builder/developer on the 'construction service' involved in the flats to be given to the land owner, at the time when the possession or right in the property of the said flats are transf....