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TMI Blog2010 (2) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... Corporation and the land is still with the Corporation therefore it cannot be said that Applicant provided any real estate agent's service. Held that – prima facie service of consultancy or technical assistance for acquisition of real estate not provided directly or indirectly. Pre deposit waived. Recovery stayed. - ST/92/2009 - S-71/KOL/2010 - Dated:- 22-2-2010 - S/Shri S.S. Kang, Vice-Presid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quire land for public purpose i.e. to set up industry units and the land remains with the Corporation and the same were given to different industrial units on lease. The contention is that as per the provisions of Section 65(89) of the Finance Act the Real Estate Consultant means a person who renders in any manner either directly or indirectly advice, consultancy or technical assistance in relatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the findings of the adjudicating authority in para 5.20 of the adjudication order where the adjudicating authority held that the Applicants submitting the acquisition proposal to the Government initiates the process for industries to get the land acquired, make joint verification on spot for evaluation of the land thereafter acquires the land and the same is transferred to different industria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure Development Act, 1980 the land remains in the Corporation. As the ownership is with the Corporation therefore prima facie we find that Applicant had not provided any service directly or indirectly of consultancy or technical assistance for acquisition of the real estate. The pre-deposit of amount of Service Tax and Penalty is waived and recovery of the same is stayed during pendency of the App ..... X X X X Extracts X X X X X X X X Extracts X X X X
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