Building maintenance by builder untill the transfer of property is not taxable as ‘Maintenance or repair service

No Comments

Section 65(65), read with section 65(zzq), of the Finance Act, 1994 – Management, maintenance or repair (OR) – Period October, 2008 to March, 2013 – Assessee, a builder, was engaged in business of construction of buildings – It collected amount from prospective flat buyers for maintaining and repairing building till conveyance of property to buyers, same would not taxable under head Management, maintenance or repair service – Whether Tribunal was justified in holding that assessee was not providing ‘management, maintenance or repair’ service by maintaining building and collecting amount for that – Held, Yes

Citation: [2018] 95 taxmann.com 319 (Bombay)