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TMI Blog2017 (5) TMI 1143X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of ‘real estate agent’ services or ‘real estate consultant’ services. The first appellate authority was correct in coming to such a conclusion that the activities as undertaken by the respondent would not fall under the category of ‘real estate agent’ services or ‘real estate consultant’ services. A similar/identical issue was before this Bench in the case of Sarjan Realties Ltd. [2014 (7) TMI 933 - CESTAT MUMBAI], where the bench has categorically considered the definition of the Real Estate Agent and the activities undertaken by appellant therein and held that the activities of purchase and sale of the land and the amount received by them, and the difference between purchase price and sale price cannot be held as commission and tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with interest and also imposed penalties. Aggrieved by such an order, an appeal was preferred before the first appellate authority. The first appellate authority in the impugned order after examining the entire records in the case and the agreement in the transaction entered into by appellant from time to time held that the activity undertaken by appellant will not fall under the category of real estate agent services and accordingly set aside the order-in-original. 4. It is the case of the Revenue in the grounds of appeal that since the land is in the name of the respondent and they were not hold the title to the property, the consideration received by them cannot be called as sale proceeds as one cannot sell something which one do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed order has gone into four agreements/transactions entered into by respondent from time to time and after analyzing the said clauses in the agreement came to a conclusion that these are of in respect of sale and purchase of land and TDR. The findings of the first appellate authority are in paragraph 8.3 which are relevant and are reproduced. 8.3. On mere reading of the contents of the four agreements mentioned in para 7 above, it is lucid that the transactions amount the appellant, Pawar family, M/s Shriram Hi-Tech Steel Power Pvt. Ltd., Shri Ambika Ispat (India) Pvt. Ltd. Shree Banke Bihari Ispat Pvt. Ltd. and M/s Great Fortune Investment Infrastructure Pvt. Ltd. have been with regard to sale and purchase of development rights ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsultant services. 5.2 We find that learned Counsel was correct in bringing to our notice that similar/identical issue was before this Bench in the case of Sarjan Realties Ltd. (supra). In paragraph 6, 7 and 8 of the said order, the bench has categorically considered the definition of the Real Estate Agent and the activities undertaken by appellant therein and held that the activities of purchase and sale of the land and the amount received by them, and the difference between purchase price and sale price cannot be held as commission and taxable under real estate agent services. In view of the foregoing and the authoritative judicial pronouncements, we hold that the impugned order is correct and legal and does not suffer from any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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