9911796707
TMI Blog2022 (4) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... tive for the Department Shri B.L. Narasimhan, Advocate for the respondent. ORDER This appeal has been filed by the Revenue assailing order-in-appeal dated 25.06.2018 [Impugned order] passed by the Commissioner of Central Excise & CGST (Appeals), Jaipur, whereby he allowed the appeal of the assessee and set aside the order-in-original passed by the Joint Commissioner. 2. We have heard both sid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted any such amount. It also did not spend the amount collected as maintenance deposit from the buyers towards maintenance of the complexes. In other words, the respondent maintained the complexes on its own expense and kept the amount collected as maintenance deposit as a liability to be transferred in toto to the society of the buyers once it was formed. 4. Two show cause notices dated 15.10.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecurity deposit and that amount is to be utilized for maintenance activity and the fact that the unutilized amount will be transferred to the society does not reduce their tax liability ; (iii) The maintenance deposit will be transferred by respondent to the maintenance society as soon as the charge of maintenance is handed over to the society, therefore, the amount collected as security deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intenance deposit. 9. After going through the records of the case, assisted by the learned Counsel for the respondent and the learned Authorized Representative of the Department, it is evident that no amount of the maintenance deposit was to be utilized for maintenance of the complex by the respondent and the entire amount was to be transferred to the society once it was formed and was then to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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