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TMI Blog2015 (12) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... ired the land on lease, their contention that they had sold the plots to various persons is clearly untenable because when they themselves were lessee, they had no power to sell. Indeed, the lease agreement between RIICO and plot holders clearly mentions that the plots are being leased for 99 years. When the plots have been leased, the amount recovered as per lease agreement howsoever named become ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondent : Smt. Suchitra Sharma, DR ORDER PER: R.K. SINGH Heard both sides. The issue involved in these appeals is leviability of service tax on the lease rent and development charges recovered by the appellants from the allottees of the plots under the category of renting of immovable property service classifiable under section 65(105) (zzzz) of the Finance Act 1994 durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellants. 4. It is seen from the lease agreement that RIICO acquired the land on 99 year lease. When they themselves acquired the land on lease, their contention that they had sold the plots to various persons is clearly untenable because when they themselves were lessee, they had no power to sell. Indeed, the lease agreement between RIICO and plot holders clearly mentions that the plo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that the requirement of section 35F of Central Excise Act read with section 83 of the Finance Act 1994 would be met with a pre-deposit of 50% of the adjudicated service tax liability alongwith proportionate interest and we order accordingly. The said pre-deposit shall be made within 6 weeks and the compliance will be reported on 23.01.2015. Subject to such compliance, recovery of the remainin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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