9911796707
TMI Blog2023 (8) TMI 1047X X X X Extracts X X X X X X X X Extracts X X X X ..... ed up to the date of introduction of tax w.e.f. 16.06.2005, receipts covered by the same deed (sale amount), and hence, the question of allowing further deduction on account of construction work done before the date of introduction of tax, does not arise. HELD THAT:- The taxability no longer exists in view of the clarification by the Board vide aforementioned Circular No. 151/2/2012-ST dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and other services and they are registered with the service tax department. During an internal audit conducted in the Appellant firm, it appeared that Appellant did not pay service tax on certain amounts received after 16.06.2005. The Asseessee had contended that the agreements for sale of flats were entered into, prior to the imposition of service tax under the head Construction of Residential C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otal consideration of Rs.2,52,79,480/-. It appeared that the gross amount received in excess of the sale deed amount in respect of these 15 flats as per Annexure- 1 to the SCN, and hence, on the amounts received even prior to 16.06.2005 for work done on or after 16.06.2005, hence these amounts are liable to be taken into account for calculation of tax. It is further urged that gross amount include ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded on the sale deed value or consideration. The demand has been proposed only on the amount received post sale deed date. Accordingly, an amount of Rs.8,07,294/- was proposed to be demanded along with interest and penalty. The SCN was adjudicated vide OIO dated 28.12.2011, and the proposed demand was confirmed along with equal penalty. 7. Being aggrieved, the Appellant preferred Appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity no longer exists in view of the clarification by the Board vide aforementioned Circular No. 151/2/2012-ST dated 10.02.2012, for the construction of residential complex prior to 01.07.2010. In the light of the Circular, we allow the Appeal and set aside the Impugned Order. Appellant shall be entitled to consequential benefits, in accordance with law. (Dictated and pronounced in the Open Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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