Rent on Immovable Property

This query is : Resolved

Rabnoor Singh Khanna (Querist)
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06 October 2009 I just want to know whether service tax on Rent of Immovable property is still going on or it is withdrawn.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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06 October 2009 Renting of immovable property is a taxable service under sections 65(105)(zzzz) read along with 65(90a) of The Finance Act,1994. But it is not a taxable service vide a court decision.

Citation :- Home Solution Retail India Ltd & Ors Vs.UOI & Ors (2009) 20 STT 129 (Del)

The matter is under sub judice.

Rabnoor Singh Khanna

Rabnoor Singh Khanna (Querist)
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06 October 2009 Thnx sir. I also look in the website of service tax. there is no notifcation from govt regarding this. I just want to know whether I still have to charge service tax on it or not.

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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06 October 2009 My view is collect and pay (under protest) service tax because it may become a burden if SC decides the case otherwise.