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Substance over books: No tax on refundable advances & self-owned property
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taxguruin
AdvertisementCommissioner CGST Vs Skylink Construction Private Limited (CESTAT Delhi) CESTAT Dismissed Revenue Appeal Holding Refundable Deposits and Sale of Self-Owned Property Not Taxable The CESTAT Delhi dismissed the Revenue’s appeal and affirmed the Order-in-Original, upholding the dropping of service tax demands on ₹3.61 crore treated by the Department as advances for construction services and ₹68.33 lakh relating to the sale of 300 Meerut Development Authority flats.
The Tribunal held that the amounts received were refundable security deposits supported by agreements, customer-wise repayment...