Dismissing the appeal of the revenue , the Court held that ; Under the MOFA, the builder/ developer is under a statutory obligation to look after the day-to-day upkeep, maintenance and repair of the property till conveyance to the co-op society. Such maintenance of the structure is not rendering a taxable service as per s. 65 (64) of the Finance Act, 1994.( CEA No,. 289 of 2016, dt.25.01.2018.)
CST v. Shri. Krishna Chaitanya Enterprises(2019) 173 DTR 129 (Bom)HC) , www.itatonline.org/GST v.Green Valley Developers ( 2019) 173 DTR 129 (Bom)HC) , www.itatonline.org GST v.Kumar Beheary Rathi ( 2019) 173 DTR 129 (Bom)HC) , www.itatonline.org
Service tax – Finance Act, 1994
S.65:Service-tax on maintenance of property-Under the MOFA, the builder/ developer is under a statutory obligation to look after the day-to-day upkeep, maintenance and repair of the property till conveyance to the co-op society. Such maintenance of the structure is not rendering a taxable service as per S. 65 (64) of the Finance Act, 1994