notification reg. payment of s. tax on rent

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vinod (Querist)
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30 June 2009 Dear Sir/Madam,

Can you please advise if there is any recent notification for payment of service tax on rent?. Our accountant stop payment of service tax on rent of premises from april 2009.

can someone send link of notification of payment / non payment of service tax or send the link.

what is the interest if payment is to be made ?

M Prabhakar Menon

M Prabhakar Menon (Expert)
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30 June 2009 There is no notification to stop payment but in a recent decision of the High Court it was held that rent is not a payment for a service rendered and is therefore not liable to service tax,it is not clear if the department has appealed against this decision any payment made will be refunded by the department if the appeal fails in the SC

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CA. Gurdeep Singh Chawla

CA. Gurdeep Singh Chawla (Expert)
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30 June 2009 agree with expert

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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30 June 2009 Interest is 13% per annum to be calculated for the number of days delay only.

vinod

vinod (Querist)
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01 July 2009 Many thanks for the advise.

I found the link reg.delhi high court decision on service tax for rent.

http://www.free-press-release.com/news/200904/1240058719.html

please comment if any.

Guest

Guest (Expert)

02 July 2009 Check this link. It's help you.

http://ezinearticles.com/?No-Service-Tax-on-Commercial-Rent-of-Immovable-Property&id=2287831

Feel free to revert for further clarification.

vinod

vinod (Querist)
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03 July 2009 Dear Sir, (Mr.Mishra)

Many Thanks or the link.

can we expect any clear notification in budget? We are asked to raise the invoice for rent for may & june 2009 with service tax as they can not calim input credit.
What to do? What to reply?

If decision comes for payment of service tax then we have to pay with intrest?

Awaiting reply.