Service tax on renting of immovable property
This query is : Resolved
06 February 2010
Is the decesion of Delhi High Court applicable in Gujarat for renting of Immovable property? If not applicable then can we pay Service tax under protest?
06 February 2010
Service tax department made appeal against the Delhi High court decision and the same pending in Supreme court
08 February 2010
Thanks for the reply. I want to know implication of Service tax until decision of Supreme Court comes.Whether Landlord should stop collecting Service Tax or collect the same & pay under ptotest to the revenue
12 February 2010
I want to know implication of Service tax until decision of Supreme Court comes.Whether Landlord should stop collecting Service Tax or collect the same & pay under ptotest to the revenue
24 July 2025
Regarding your query on **Service Tax on Renting of Immovable Property** and the impact of the Delhi High Court decision in Gujarat, here’s a detailed response:
---
### Applicability of Delhi High Court Decision in Gujarat
* **High Court decisions are binding only within their territorial jurisdiction.**
So, the Delhi High Court judgment technically applies only within Delhi.
* However, similar legal principles may be persuasive in other states, including Gujarat, but they are **not binding** until a Supreme Court ruling or a specific ruling by the Gujarat High Court.
* Since the Service Tax Department has appealed the Delhi HC decision to the **Supreme Court**, the final and binding interpretation will come from the Supreme Court.
---
### What should landlords do till the Supreme Court decision?
There are generally **two approaches** adopted by taxpayers (landlords) in such situations:
1. **Collect & Deposit Service Tax Under Protest**
* Continue to **collect service tax** on rent and **pay it to the government**, but **file a protest or legal challenge** against the levy.
* This is a safer approach to avoid interest and penalties for non-payment.
* The taxpayer can claim refund or adjust future payments if the Supreme Court rules against the government.
2. **Stop Collecting Service Tax**
* Some landlords stop collecting service tax until a clear judicial decision.
* This carries the **risk of demand notices, interest, and penalties** if the government’s position prevails.
---
### Recommendations
* **Most prudent approach:** Continue collecting and paying service tax to avoid legal complications, but document your protest through legal channels or written communication to the tax authorities.
* Maintain records of all payments and correspondence.
* Monitor the Supreme Court proceedings closely.
---
### Summary
| Question | Recommended Action |
| -------------------------------------------- | ---------------------------------------------- |
| Is Delhi HC decision binding in Gujarat? | No, but persuasive until Supreme Court decides |
| Should landlord stop collecting service tax? | No, better to collect and pay under protest |
| Risk of not paying service tax? | Interest, penalties, legal notices |
---
If you want, I can help you draft a **letter of protest** or guide you on how to legally register your protest with the Service Tax authorities. Would you like that?
---
### Applicability of Delhi High Court Decision in Gujarat
* **High Court decisions are binding only within their territorial jurisdiction.**
So, the Delhi High Court judgment technically applies only within Delhi.
* However, similar legal principles may be persuasive in other states, including Gujarat, but they are **not binding** until a Supreme Court ruling or a specific ruling by the Gujarat High Court.
* Since the Service Tax Department has appealed the Delhi HC decision to the **Supreme Court**, the final and binding interpretation will come from the Supreme Court.
---
### What should landlords do till the Supreme Court decision?
There are generally **two approaches** adopted by taxpayers (landlords) in such situations:
1. **Collect & Deposit Service Tax Under Protest**
* Continue to **collect service tax** on rent and **pay it to the government**, but **file a protest or legal challenge** against the levy.
* This is a safer approach to avoid interest and penalties for non-payment.
* The taxpayer can claim refund or adjust future payments if the Supreme Court rules against the government.
2. **Stop Collecting Service Tax**
* Some landlords stop collecting service tax until a clear judicial decision.
* This carries the **risk of demand notices, interest, and penalties** if the government’s position prevails.
---
### Recommendations
* **Most prudent approach:** Continue collecting and paying service tax to avoid legal complications, but document your protest through legal channels or written communication to the tax authorities.
* Maintain records of all payments and correspondence.
* Monitor the Supreme Court proceedings closely.
---
### Summary
| Question | Recommended Action |
| -------------------------------------------- | ---------------------------------------------- |
| Is Delhi HC decision binding in Gujarat? | No, but persuasive until Supreme Court decides |
| Should landlord stop collecting service tax? | No, better to collect and pay under protest |
| Risk of not paying service tax? | Interest, penalties, legal notices |
---
If you want, I can help you draft a **letter of protest** or guide you on how to legally register your protest with the Service Tax authorities. Would you like that?
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