2014 (12) TMI 958

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..... Respondent. ORDER Heard both sides. Applicant filed this application for waiver of pre-deposit of service tax amount of Rs. 1,21,33,999/- along with interest and penalty. The demand is confirmed on the ground that applicant has provided the real estate agents service. The contention of the applicant is that the applicant entered into an agreement with various owners of the land for purchase of l .....

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..... of the Revenue is that as per the definition of "Real Estate Agent", as provided under Finance Act Section 65(108)(88), the Real Estate Agency means a person who is engaged in rendering of any service in relation to the sale, purchase, leasing or renting of real estate and includes real estate consultant. In the present case, applicants only entered into an agreement for sale with the land owner .....

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..... s per the definition of 'real estate agent' as provided under Finance Act, real estate agent means a person who is engaged rendering any service in relation to leasing or renting of real estate agent. In the present case, the activity undertaken by the applicant is real estate agency as the applicant had not transferred the land in his name before entering into an agreement for sale with the build .....

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