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TMI Blog2021 (10) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... re built in the form of Flats are shared between the developers and the land owners in the agreed ratio. Circular dated 10.02.2012 makes it abundantly clear that the taxable event occurs at the time when the builder gives the possession or creates right in the property of the said Flats in favour of the land owner; these building blocks of the provision are conspicuously absent in the impugned notices which appear to stand as the non-sense on the stilts ; therefore, they are liable to be violated warranting remittance of the matter for fresh consideration. Matter is remitted for being treated afresh - petition allowed in part and part matter on remand. - WRIT PETITION NO.10809 OF 2018 (T-TAR) C/W WRIT PETITION NOS.10245 OF 2018, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mental activities on the lands belonging to others, is not in dispute; the development activities are accomplished in terms of Joint Development Agreements whereunder the structure built in the form of Flats are shared between the developers and the land owners in the agreed ratio. (b) The Central Board of Excise and Customs has issued a Policy Circular dated 10.02.2012, a copy whereof is produced as an Annexure which provides for the levy and collection of service tax in the light of varying business models that were followed in the construction structure across the country; relevant portion of para 2.1(B)(i) reads as under: (B) (i) Value, in the case of flats given to first category of service receiver, is determinable in terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter for fresh consideration. (c) The vehement contention of learned Panel Counsel for the Revenue that the Writ Court shall not interfere at the stage of Show Cause Notice cannot be countenanced as a Thumb Rule; where jurisdiction facts are lacking, the power to issue such a notice cannot be exercised; it is not that invariably a citizen should be made to suffer the coercive proceedings at the hands of the tax authorities even when apparently, the actions are incompetent. (d) The Revenue s reliance on the decision of the Apex Court in Larsen and Toubro Ltd Vs. State of Karnataka, (2014) 1 SCC 708, does not much come to it s rescue; firstly this case did not relate to service tax; what was discussed in the said case was ab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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