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TMI Blog2015 (10) TMI 1925X X X X Extracts X X X X X X X X Extracts X X X X ..... o be correct. - Partial stay granted. - Application No. ST/Stay/27294/2013, Appeal No. ST/26968/2013 - STAY ORDER No.20419/2015 - Dated:- 3-2-2015 - G Raghuram, President And B S V Murthy, Member (T),JJ. For the Appellant : Mr J V Rao, Adv. For the Respondent : Mr S Teli, Deputy Commissioner (AR) ORDER Per: B S V Murthy: The facts of the case, briefly stated, are that the assessee has executed certain ventures under a development model. They have developed two ventures-1) Residential Complex namely SLN Springs was constructed on their own land together with the land taken for development from Shri S.L.N. Reddy and others. 2) Commercial complex namely Lumbini Jewel Mall was constructed on the land of Sri Ram Builder ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 009-10 76,209/- Total 1,03,95,172/- 3. After the adjudication proceedings an amount of ₹ 1,02,64,846/- has been confirmed with interest and penalty equal to the service tax has been imposed under section 78 of the Finance Act 1994. 4. Learned Counsel on behalf of the appellant submitted that an amount of ₹ 35,81,113/- (2005-2006 to 2009-10) was confirmed on account of construction of complex services. It is contested that there are certain amounts refunded to the customers due to cancellation of their agreements. Further, amounts collected and paid to Water works department / AP TRANSCO on behalf of customers have been incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red the submissions. The definition of Construction of Residential Complex as per Section 65 (91a) as on 1.7.2010 is as under: Residential Complex means any complex comprising of - (i) a building or buildings, having more than twelve residential units; (ii) a common area; and (iii) any one or more of facilities or services such as park, lift, parking space, community hall, common water supply or effluent treatment system, located within a premises and the layout of such premises is approved by an authority under any law for the time being in force, but does not include a complex which is constructed by a person directly engaged any other person for designing or planning of the layout, and the construction of such complex is in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to 1.7.2010, applicability of CBEC circular etc., will have to be examined at the time of final hearing. 10. Having regard to the discussion above, we consider that the appellant should deposit an amount of ₹ 40,00,000/- (Rupees forty lakhs only) within six weeks (enhanced time limit provided as per the request of the Learned Counsel) and report compliance on 16.3.2015. The Learned Counsel takes note of the order. It is made clear that the amount should be deposited within the specified date and compliance being reported, falling which Revenue will be free to recover the entire dues. If the amount mentioned above is deposited, requirement of balance dues is waived and stay against recovery is granted during the pendency of appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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