Service tax on renting of immovable property
This query is : Resolved
03 February 2012
my client has deposited service tax on renting of immovable property alongwith interest thereon after receiving notice from service tax department .After that service tax department has issued a penalty notice for not depositing service tax in due time.tenants of my client was not paying service tax due to matter is under dispute.
03 February 2012
You have not mentioned your query. It seems that you want to know whether penalty is payable or not....Although talking legally as per provisions of Finance Act, 1994 it is payable.
But this matter is in great litigation and dispute, further, Supreme Court has also told to pay service tax amount only....There is a strong case in your favour on the ground that constitutional validity of service tax was in challenge and therefore, you should not pay penalty as there was no suppression of facts and even department must be knowing and accepting it..
But this matter is in great litigation and dispute, further, Supreme Court has also told to pay service tax amount only....There is a strong case in your favour on the ground that constitutional validity of service tax was in challenge and therefore, you should not pay penalty as there was no suppression of facts and even department must be knowing and accepting it..
04 February 2012
Even, there are judgment of supreme court, penalty is not payable when there is retrospective amendment..and section 80 is also there to rescue you, there is no question of penalty arises.
04 February 2012
thanks for advice.kindly tell me about judgment of supreme court.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- REGARDING GST ON COMMERICIAL PROPERTY
- 15ca /15cb whose income tax login? remitter or nri seller's login?
- Regarding Documentation & Compliances for Opening of Unit of Pvt Ltd.
- TDS U/S. 194NF
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- ITC temporary reversal and reclaim
- GST on export of services and Input Credit
- Applicable TDS rate for sale of property in Nov 2024
- Donation Receipt u/s 80G
- Quiery in relation to GST liability in case of an advocate who has obtained GST registration.
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding einvoice taken on nil rated sales
Trending Online Classes
CAclubindia
