2015 (7) TMI 349

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..... lats to individuals, such activity is not liable for tax. However appellant has paid the tax. In my opinion, this itself is sufficient to take a view that the original authority's decision not to impose penalty is appropriate. However in the case of CST, Bangalore Vs. Motor World [2012 (6) TMI 69 - KARNATAKA HIGH COURT], Hon'ble High Court has taken a view that the revision/review power under Sect .....

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..... This decision was reviewed by the Commissioner by exercising powers vested in him under Section 84 of Finance Act, 1994 and penalties have been imposed under Sections 76, 77 & 78 of Finance Act, 1994. The appeal is against this decision. 2. During the relevant period, if the builder and developer constructed a residential complex himself and sell the flats to individuals, such activity is not lia .....

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