Applicability of Service Tax on Commercial Permisess
This query is : Resolved
16 September 2009
The assessee is having three commercials buildings which have been given on rent to corporates on leave and licence basis
2) One of the teneant has denied to pay the assessee service tax in view of recent high court deceision and claiming as "no one went into appeal against said order so far , now it is time bar , hence there is no need to charge service tax on rent of commercial permises".
3) There are no such provisions in the Union Budget
4) Other tenants of the assessee are paying service tax with rent amount
5 ) Please advise how to deal in the such situation .
2) One of the teneant has denied to pay the assessee service tax in view of recent high court deceision and claiming as "no one went into appeal against said order so far , now it is time bar , hence there is no need to charge service tax on rent of commercial permises".
3) There are no such provisions in the Union Budget
4) Other tenants of the assessee are paying service tax with rent amount
5 ) Please advise how to deal in the such situation .
16 September 2009
1. The claim of the tenant is factually incorrect. The Union Government has filed appeal with the Supreme Court against the Delhi High Court's ruling and the appeal has been admitted.
2. The Delhi High Court's order does not specify any time for preferring appeal. There is no question of time bar. Such a claim is of no relevance, as appeal has already been admitted by the apex court.
2. The Delhi High Court's order does not specify any time for preferring appeal. There is no question of time bar. Such a claim is of no relevance, as appeal has already been admitted by the apex court.
16 September 2009
Mr. Naik , thanks a lot can you please give me reference of the appeal if possible
16 September 2009
Petition(s) for Special Leave to Appeal (Civil) No(s).13850/2009
UNION OF INDIA & ORS. Petitioner(s)
VERSUS
HOME SOLUTION RETAIL INDIA LTD. & ORS.
UNION OF INDIA & ORS. Petitioner(s)
VERSUS
HOME SOLUTION RETAIL INDIA LTD. & ORS.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- IT Return filed defective u/s 139 (9)
- Fixed Deposit Claim Relinquishment by the Nominee
- ITR 6 Schedule CFL and UD Issues
- Income Type for interest from government bonds
- FREELANCING ACCOUNTANT
- NR GST NUMBER
- Not a CA , can we prepare balance sheet
- For REQUIRE INDIVIDUAL GST
- GST Form ADT-02
- TCS ON SOFTWARE SALES
- Query Regarding on TDS section 194H and 194J
- TDS on purchase of value vouchers for employees ?
- PAYMENT TO OPEN AI AND ENVATO ELEMENT
- From 15CA for remittance by domestic travel agent by to Foreign Destination Management Company.
- Issue of gst e invoice
- Interchangeable words in accounts
- Adjusted profit/Loss in the case of LLP and Pvt. Ltd.company
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
Trending Online Classes
-
Excel Mastery Program
CA Rishabh Pugalia
CAclubindia
