Assessee's liability to pay the service tax..

This query is : Resolved

Pradeep (Querist)
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20 April 2009 The assessee is a landlord he let out his complex to the super market for commercial purpose.
Hence he has to collect the service tax along with the rent...

But In this case the tenant(super market) has obtained a stay order from the court stating that they are not liable to pay the service tax..

Now my question is?
Whether the Assessee (landlord) has to remit the service tax from his own pocket (or) he is not liable to pay by stating the stay order obtained by the super market....

Dayal

Dayal (Expert)
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24 April 2009 Recent Delhi High Court judgment held that no service tax is chargeable on services of leasing, licensing of the premises on rent.

In view of the said Judgment, no service tax would be payable on the rent received by owner of immovable property.

Therefore not payable by the landlord as of now.