18 December 2013
Hello Everyone, if i have property A in which i have 5 tenants on various floors, and the total rent received from all of them is more than Rs.15 Lacs p.a., then will i have to charge service tax from all those 5 tenants or only from that one tenant from whom i am in receipt of rent of more than Rs. 10 Lacs p.a ? Please do quote all the relevant case laws & sections as you feel necessary to justify your answer. kindly reply asap.
18 December 2013
Sir ,if you are renting the property for commercial purpose the same is taxable under service tax when the value of rent i.e the aggregate value of service exceeds 10 lakh rupees. In my view,service tax shall be charged from all the tenants as Renting of immovable proeprty is a taxable service. Secondly,the rent received is the value of the taxable service.The rent of Rs15 lakhs is much higher than the exemption limit of 10 lakhs.So you are liable to pay service tax and charge the same from all the tenants.
CAclubindia
