Page 254 - GSTL_26th March 2020_Vol 34_Part 4

748 GST LAW TIMES [ Vol. 34
Rate of GST (Contd.)
— on activity of surrender of Joint Transferable Development Right (TDR)
on consideration - See under TRANSFERABLE DEVELOPMENT
RIGHTS (‘TDR’)/FLOOR SPACE INDEX (‘FSI’) ................. 651
— on Polypropylene Non-woven Fabric Bags - See under BAGS .......... 635
— on prepared laboratory Reagents - See under PHARMACEUTICAL
REFERENCE STANDARDS (PRS) ......................... 182
— on printing and supply of “Access cards” given to pilgrims free of cost -
See under PRINTING AND SUPPLY OF ACCESS CARD ............ 351
— on restaurant services operating in retail arcade located in hotel - See
under RESTAURANT SERVICES ......................... 319
— on services of body built on chassis of Tippers/Trailers supplied by
principal - See under BODY BUILDING ON CHASSIS ............. 290
— on Transformers supplied to Indian Railways - See under
TRANSFORMERS SUPPLIED TO INDIAN RAILWAYS ............ 322
— on zinc electroplating under job work on components sent by principal -
See under ZINC ELECTROPLATING ....................... 641
— Solar Power Generating System (SPGS), sustainability of ruling on rate of
GST after amendment in Notification - See under WORKS CONTRACT.... 333
Real Estate Agent service - Appellant from the first day having entered into
an agreement to purchase some property with an intention to sell it to
some other person, transaction not a simple sale and purchase of
immovable property but attracts the definition of “Real Estate Agent”
and the participation of appellant comes within the purview of “Service
Provider” - Sections 65(88), 65(89) and 65(105)(v) of Finance Act, 1994 —
Chhattisgarh Steel Castings (P) Ltd. v. Union of India (Chhattisgarh).............. 70
— Selling of land/plots after development - For being covered under
aforesaid service, imperative that services of sale, purchase, leasing or
renting of real estate are rendered as an agent - In instant case, appellant
selling plots/land to prospective buyers on principal to principal basis
after acquiring development rights from owner - Extensive development
and construction activity undertaken by appellant by using his own
finances to enable land/plot fit to be sold - Clearly activities undertaken
by appellant beyond scope of activities undertaken by an agent in normal
course - Merely keeping of ownership rights by owner till end for
purpose of easy transfer of title to ultimate buyer would not make
appellant a Real Estate Agent or even Real Estate Consultant - In view of
C.B.E. & C. Circular No. B-11/3/98-TRU, dated 7-10-1998, aforesaid
activity not taxable under said service - Sections 65(88) and 65(105)(v) of
Finance Act, 1994 — Ess Gee Real Estate Developers Pvt. Ltd. v. Commr. of C. Ex.,
Jaipur (Tri. - Del.) .................................... 486
— vis-à-vis Site Formation Services - SCN and adjudication order not
sustainable being vague on classification under these two services - See
under DEMAND .................................. 486
Rebate/Refund of Service Tax - Export of services - Business Auxiliary
Service - Promotion and marketing of products of overseas entity in India
by way of procuring purchase orders from Indian buyers, delivering
same to the overseas entity which directly supplied its goods to them,
qualify as export of service as commission received therefor in
convertible foreign exchange - Merely on the ground that assessee also
provided annual maintenance and related services in respect of such
GST LAW TIMES  26th March 2020  350