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No Service Tax liability can be imposed on the Builder on cancellation of booking by flat buyer


Last updated: 07 January 2023

Court :
CESTAT, Mumbai

Brief :
The CESTAT, Mumbai in Credence Property Developers Pvt. Ltd v. Commissioner of CGST & Central Excise [Service Tax Appeal No. 85780 of 2020 dated January 5, 2023] has held that once the buyer of a flat cancelled the booking and the consideration for service was returned, the service contract got terminated and once it is established the no service is provided, then refund of tax for such service becomes admissible. 

Citation :
Service Tax Appeal No. 85780 of 2020 dated January 5, 2023

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