Renting of Property Services

This query is : Resolved

CA. Jyoti Baid (Querist)
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26 March 2009 A house is given on rent and service tax is collected at the rate of 12% or 10% as applicable.

The landlord has paid property tax on the house and takes exemption on the same while making payment of service tax to the Government.

For Example:
Rent- 10000
Service tax collected -1030

Rent- 10000
(-) Property tax-1000
Service tax actually paid-927

My question is
1. Should the landlord reimburse the excess amount of service tax collected from tennant or
2.Should he make the payment of total service atx collected to the Govt

Regards,
Jyoti