Service tax on Licence fees received

This query is : Resolved

ashish (Querist)
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01 July 2009 If a person gives his premises to a company or a individual on Leave and Licence agreement and receives monthly Licence fees,( more than Rs. 10 Lacs anuually)
does this transaction comes under service tax? because Leave and Licence agreement transaction does not mean Lease or any transfer of ownership rights for specific period.

and Licence fees does not mean Rent.

Also Is TDS applicable for such Licence fees received?

Please clarify

srinivas

srinivas (Expert)
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01 July 2009 As per section 194I of the IT act it covers lease also so TDS will be attract. where as coming to service tax if the rent is for business purpose then it attract service tax .the name you mentioned here is only nomenclature that does not change the substance of the transaction