service tax on rent

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

28 July 2010 dear all

we are paying a rent of Rs.100000/- to our warehouse landlord every month.

he is proprietor of warehouse under individual category.

any service tax will come for this please clarify.

with regards

srinath

srinath (Expert)
Follow

28 July 2010 ya service tax is payable as the total income exceeds Rs. 10 lakh per year

Querist : Anonymous

Querist : Anonymous (Querist)

28 July 2010 IF LESS THAN 10 LAC ANY SERVICE TAX IS PAYABLE, ALREADY WE ARE REGISTERED UNDER CLEARING AND FORWARDING CATEGORY.

WE COLLECTING FROM OUR PRINCIPLES SERVICE TAX AND PAYING TO DEPARTMENT.

IF OUR LANDLORD WE COLLECT THE SERVICE TAX ON OUR GODOWN RENT THEN ANY SET OFF IS THERE PLEASE CLARIFY.

Upgrade to CAclubindia Pro. Subscribe Now!

CA. Pradeep Nayak

CA. Pradeep Nayak (Expert)
Follow

28 July 2010 Your landlord is liable to collect service tax from you & remit it to the Govt.

You can however avail the credit of service tax paid against service tax payable on your taxable service.

Querist : Anonymous

Querist : Anonymous (Querist)

29 July 2010 My landlord is not registered under service tax, on July this month only he will registering with department.

from when will he collect the service tax(1.e. from apr'10 or from the service started of 200y . please clarify

srinath

srinath (Expert)
Follow

29 July 2010 is this the 1st year of rental income for ur landlord

if s then he can collect rent after the limit exceeds Rs. ten lakhs.

Querist : Anonymous

Querist : Anonymous (Querist)

29 July 2010 no he is collecting from 2006

Shyam Lal Naik

Shyam Lal Naik (Expert)
Follow

29 July 2010 Service tax has been levied wef 01.07.2007. Matter is under challange. There is stay by High Courts.

Upgrade to CAclubindia Pro. Subscribe Now!

srinath

srinath (Expert)
Follow

29 July 2010 i think delhi high court has ruled the decision in favour of the assesse that is no service tax is payable.

but the matter is pending in supreme court

Querist : Anonymous

Querist : Anonymous (Querist)

12 August 2010 dear experts

in continuation to my query,

now my landlord is asking service tax on rent

from 2007,with interest.as per his auditor advise.

He is now only applied for registration with department.

please kindly advise me shall i pay the service tax from 2007 with interest and
how i will set-off the service tax.

Querist : Anonymous

Querist : Anonymous (Querist)

15 August 2010 please kindly advise me for the above message