Sale of land not Service

Sale of land not Service

The Supreme Court ruled in the Elegant Developers case that the sale of land does not constitute a taxable service. Elegant Developers, who purchased land with their own risk and sold it directly to Sahara India Commercial Corporation Ltd., was initially served a ₹10 crore+ service-tax demand for allegedly rendering “real estate agent services.” The Court examined whether the transaction was a principal-to-principal sale or a taxable service under the Finance Act, 1994. The judgment clarifies that straightforward land sales, even when involving identification and negotiation, are not subject to service tax.

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