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2008 (12) TMI 645 - AT - Service TaxStay of operation - construction and sale of residential flats - taxability - Held that - reliance placed in the case of MAGUS CONSTRUCTION PVT LTD Versus UNION OF INDIA 2008 (5) TMI 18 - HIGH COURT OF GAUHATI where it was held that in the case of sale of flats there was no service and no service tax is imposable - stay of operation cannot be granted - stay application rejected.
The Appellate Tribunal CESTAT NEW DELHI rejected the Revenue's application for stay of operation of the order of the Commissioner (Appeals) regarding the leviability of Service Tax on construction and sale of residential flats. The decision was based on the ruling that in the case of sale of flats, no service tax is imposable. The stay application was rejected on 17-12-2008.
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