service tax
This query is : Resolved
05 May 2009
A company has taken on lease an office space in a residential block. Should the lessor charge service tax on the rental
05 May 2009
ST will be attracted if the lease is for furtherance of business or commerce, whether it is in residential block or not.
This is however, subject to the recent Delhi High Court's rulling.
This is however, subject to the recent Delhi High Court's rulling.
05 May 2009
In my view the lessor should not charge any service tax on the rent till the further clarification release from the suprem court, because the Delhi high court has considered service tax on rent as unconstitutional.
05 May 2009
Keeping the SC ruling away, currently does leasing of office space attract service tax. There is no business of renting here, it is just that the owner (lessor) has rented out a property belonging to him to lessee being a company doing business. He is not involved in the business of letting.
06 May 2009
Yes there is a ST liable if we were not to take cognisance of the DHC judgment. It may be a good idea to ask the tenant to pay the same under protest due to the l;evy not being very clear. This would ensure that refund wouldbe admissible without time limit if the issue were finally settled in favour of the tax payer/ landlords.
06 May 2009
subject to DHC ruling otherwise it is applicable
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