New Delhi, Nov. 12 -- The Supreme Court has held that the transfer of title in immovable property through a sale transaction does not amount to a "service" under the Finance Act, 1994, and therefore cannot attract service tax.

A bench of Justices J.B. Pardiwala and Sandeep Mehta dismissed an appeal filed by the Commissioner of Service Tax, New Delhi, upholding a 2019 ruling of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in favour of Allahabad-based Elegant Developers.

The tax authorities had sought to classify Elegant Developers as a "real estate agent" in connection with land acquisition agreements with Sahara India Commercial Corporation Ltd (SICCL) between 2002 and 2005.

The Directorate General of Central Excise ...