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Sales of Lease Plots by Municipal Corporation

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2015-VIL-338-CESTAT-DEL-ST

Service Tax – Sale of plots on 99 years lease by Municipal Corporation - Whether in nature of Renting of Immovable Property or sale - Invocation of extended period of limitation – HELD - 99 year lease is "virtual" sale, it is not sale per se. Such lease rent is clearly liable to service tax under 'Renting of Immovable Property' service as the definition of renting of immovable property given in Section 65 (90a) of the Finance Act, 1994 includes leasing of immovable property for use in the course or furtherance of business or commerce - There is force in the contention of the appellant that there was confusion with regard to the leviablity of service tax on Renting of Immovable Property - There is a good case to grant stay in respect of the impugned demand pertaining to the period beyond normal period of one year – Pre-deposit ordered - Partial stay granted

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Guest Friday, 17 November 2017

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