TaxTMI 
TaxTMI 
2022 (11) TMI 571
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.... of the act for the years under consideration, the details of which are as under: A.Y. 201(1) 201(1A) 2011-12 Nil 2012-13 Nil 2013-14 2014-15 3. Brief facts of the case are as under: 3.1 Assessee is a cooperative housing society with main object to provide residential sites to its members. Assessee entered into an agreement with M/s. Shree Sai Associates for procurement and development of sites and transfer the same to the assessee for purposes of allotting the sites to its members. It is a submission of assessee that the agreement was entered into between M/s. Shree Sai Associates vide MoU dated 21/09/2010 for purchases of developed land and therefore TDS was not liable to be deducted. Revenue how....
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....embers, against which an agreed price was payable by the assessee. For this activity, assessee authorised M/s. Shree Sai Associates to develop the land and transfer the same to the society. He submitted that various clauses in the MoU categorically stipulates that M/s. Shree Sai Associates would procure the land and convey the developed society to the assessee. Referring to clause (4) of the MoU, the Ld.AR submitted that M/s. Shree Sai Associates has entered into purchase of lands from the respective owners in order to develop them. He thus submitted that assessee was in the bonafide belief that TDS was not liable to be deducted. 5. The Ld.AR submitted that assessee on completion of the layout work was to pay the remuneration at Rs. 387/....
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....would be liable to pay sales tax on the works contract, VAT / service tax or any other applicable taxes leviable on or during the course of the development of the project land. The clause (17) further refers to the name that shall be adopted for the entire project that would be decided by the assessee alone. The obligation clause no. (22) of the MoU reveals that the work carried out by the developer / contractor was as per the requirements of the assessee. Assessee could have approached various government officials for necessary permission and therefore approach the developer/contractor to carry out the development of residential layout in all respects over the project land. For sake of clarity, we reproduce clause (22) herewith as under: ....
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....2010 por pasto odab Date of execution 23 ಕರà³à²¨à²¾à²Ÿà²• ಸರà³à²•à²¾à²° Government of Karnataka ನೋಂದಣಿ ಹಾಗೂ ಮà³à²¦à³à²°à²¾à²‚ಕ ಇಲಾಖೆ Registration and Stamps Department This sheet can be used for any document Total stamp duty pold Ba Document Sheat 38.5.2 respects generally and in particular as and when its assistance is necessary and essential. 22. It is agreed that the Second party shall undertake to take up the following other works apart from the works mentioned above and carry out the same as hereunder. a). That the Seco....
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....°à²¾à²‚ಕ ಇಲಾಖೆ Registration and Stamps Department Jassy cadde dades This sheet can be used for any document REALE BAR Senjos sop, do Total stamp duty paid Rs. preewald Document Sheet 13: 85, 21- within a period of 12 months from the date of securing the plan sanction from NPA subject to any other unforeseen natural instances such as natural calamities which are beyond the control of the parties, however upon mutual consent the time limitation may be extended. The 2nd party shall transfer the property by way of sale deed in favour of the 1st party society as soon as NA conversion is compete, subject to all clearances, encumbrances and at the cost and expe....
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....Department anda de competit cateva This sheet can be used for any document ದಾನವನà³à²¨à³ ಬರೆದೠಕೊಟà³à²Ÿ ದಿನಾಂಕ Date of execution ENTARY LAS Emp of the d Total stamp duty paid Rs. Document Sheet 33:50. 2/- BWSSB, and any other Authorities /Corporations/Agencies / Board, VAT, cess etc.and such other layout charges and civil works as staed above 1 (a). f). The First Party has paid a sum of Rs.50,00,000/- (Rupees fifty lakhs only) by way of cheque no.834977 dated 21/09/2010 drawn on Bank of Maharastra, Malleshwaram Branch Bangalore as advance to the Second Party towards the project. ....