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TMI Blog2013 (1) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... ing activity inasmuch as the appellants were purchasing and selling immovable properties – Held that:- The modus operandi of the appellants, which we have briefly stated herein before, is crystal clear. They suppressed the relevant facts before the department. Therefore, we are in agreement with the findings recorded by the adjudicating authority on the limitation issue also. We have gone through the facts of the case covered by stay order No. 1280/2011 and have found the same to be distinguishable vis-a-vis the facts of the present case. There is no plea of financial hardships in the stay application. Waiver denied. In favour of revenue - ST/2093 & 2094 OF 2011 - - - Dated:- 28-6-2012 - P.G. CHACKO AND M. VEERAIYAN, JJ. V. Chand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents covering the said transactions were registered as "sale deeds" which showed Gauri Ganesha Real Estate as confirming party as well as GPA holder of the property owners. Gauri Ganesha Real Estate received the sale consideration as GPA holders of the property sellers. The amount so received as sale consideration in each transaction was higher than the amount shown in the corresponding purchase agreement, and the difference was retained by Gauri Ganesha Real Estate. The impugned demand is on the total sum of these differential amounts and the same is under the head "Real Estate Agency Service". The total demand of service tax and education cess is over Rs. 1.24 crores for the aforesaid period (January 2005 to March 2007) and this demand is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hasing and selling immovable properties. They were only holding 'General Power of Attorney' of the property owners and, in that capacity, selling the property to M/s Sahara India . The 'sale consideration' was given to the sellers and the difference between that amount and the higher amount mentioned in the relevant purchase' agreement was retained by the appellants. For all practical purposes, the appellants were acting as agents of the sellers of the immovable properties. The nature of these transactions would prima facie bring them within the ambit of the definition of "real estate agent" under Section 65 (88) of the Finance Act, 1994. ("real estate agent" means a person who is engaged in rendering any service in relation to sale, purcha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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