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2011 (7) TMI 784

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..... deposit Rs. 10 lakhs and the balance is waived - ST/3619/2010 - ST/497/2011(PB) - Dated:- 8-7-2011 - S/Shri S.S. Kang, Mathew John, JJ. REPRESENTED BY : Shri K.K. Anand, Advocate, for the Appellant. Shri B.L. Soni, DR, for the Respondent. [Order per : Mathew John, Member (T)]. Appellant is in the business of developing real estate and selling developed properties and ready bui .....

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..... e to be registered in the name of original allottee. At that stage the Appellant is acting on his own behalf and not as agent of anybody else. It is argued that demanding tax on such charges under the taxable entry for Real Estate Agent is not maintainable. 4. In the case of restoration charges the argument is that such charges are levied when an allottee defaults in his payment schedule and f .....

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..... able to tax under the entry for services of a Real Estate Agent. However we are not convinced about the argument about transfer charges. When this amount is charged, the property already belongs to the defaulter and the title is being transferred to a new person through the intermediary, namely the Appellant. 9. Considering that the total disputed value of transfer charges is about 150 lakhs, we .....

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