19 December 2018

No Real Estate Agent service even if land sold not owned

19th December 2018

In a case involving alleged real estate agent service, CESTAT Delhi has rejected department’s plea that since the land sold was not in the name of assessee, it was not a transaction for sale or purchase of land.

It held that for a principal to principal transaction for purchase and sale of land, it is immaterial whether the property sold is in the name of the seller or in the name of some 3rd party.

Observing that assessee did not act as agent and was into buying/selling on a principal to principal basis, the Tribunal in the case of Premium Real Estate Developers v. Commissioner held that assessee was not engaged in real estate agent service. It also held that in the absence of any defined consideration for alleged services there was no contract of service at all and hence no liability. 

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