Cenvat Credit

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sachin agarwal (Querist)
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20 December 2008 A building taken on rent . Service Tax is paid on rent.The same building is given on rent by the tenant to another party and service tax collected on the same. Can we take the cenvat cresit of service tax paid to the main owner.

S. Banerjee

S. Banerjee (Expert)
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20 December 2008 The term 'immovable property' has not been fully defined in "Renting of Immovable Property" under section 65(105)(zzzz), since the definition as given is 'inclusive'.
Accordingly, the building is not belongs to the tenant and it is not his/her immovable property. So this should not be taxable under service tax as "Renting of Immovable Property" under section 65(105)(zzzz) and the question of Cenvat does not arise.
Thanks, S. Banerjee