service tax

This query is : Resolved

CA HIMANSHU MALHOTRA (Querist)
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12 October 2009 we have raise bill for rental of house property with service tax but tenent paid only rental amount not service tax amount due to high court pending decision
is we have to pay service tax from own pocket
what will be the treatment in the st-3 return

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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12 October 2009 You have two options one you can pay from your pocket or you can workback the amount which you have collected from your client (i.e. as gross amount received includes service tax also)as rules provide as so.

Jitender

Jitender (Expert)
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12 October 2009 u should pay service tax by taking rent received as inclusive of service tax.

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Shyam Lal Naik

Shyam Lal Naik (Expert)
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13 October 2009 Make sure that the tax is deposited under protest.

If altimately, it was held by the Supreme Court that tax is not payable on Rental, you will be eligible for refund, without any limitation.