Taxability of service

Hi,

I have one doubt regarding the applicability of Negative list.

The instance is like this .

X Ltd is a company which owns a certain immovable property(vacant Land) in one area.

Beside that vacant land there on one Hotel run by another company called Y hotels Ltd.

The X Ltd and Y hotel ltd entered in to agreement where in X ltd permitted to Y ltd to use vacant land on lease basis .

consideration is monthly basis.

Actually Y Ltd in the leased land which is in front of Hotel wants to develop and maintain garden ,

And whenever X ltd wants the land back it will be returned.

Now my query is the leasing of vacant land for developing and maintaining the garden by Y ltd can be considered as exempt service to include in negative list .i.e whether it can be considered that letting land for gardening is service relating agriculture ?

I am referring following provision of Negative list. Sec 66D:

"(d) services relating to agriculture by way of—

(i) agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection

or seed testing;

(ii) supply of farm labour;

(iii) processes carried out at an agricultural farm including tending, pruning, cutting, harvesting, drying, cleaning, trimming, sun drying,

fumigating, curing, sorting, grading, cooling or bulk packaging and such like operations which do not alter the essential characteristics of

agricultural produce but make it only marketable for the primary market;

(iv) renting or leasing of agro machinery or vacant land with or without a structure incidental to its use;

(v) loading, unloading, packing, storage or warehousing of agricultural produce;

(vi) agricultural extension services;

(vii) services by any Agricultural Produce Marketing Committee or Board or services provided by a commission agent for sale or purchase of