Dear Members,
we have given out the parking facility in our Mall on Lease so, wanted to know whether service tax is applicable on that or not????l.
Yavanika Singh (Company Secretary) (54 Points)
05 June 2010Dear Members,
we have given out the parking facility in our Mall on Lease so, wanted to know whether service tax is applicable on that or not????l.
Madhukar N Hiregange
(Chartered Accountant)
(39034 Points)
Replied 07 June 2010
The issue of renting of Immovable property is being disputed but parking may not be covered in that logic. Services in realtion to rent could be liable. Parking in open area may not be liable howver covered parking maybe liable for the person who provides the same.
However the landlord who lets out the entire area for the contractor may not be liable as he only lets out a part of the IP and would again be subjected to the decisionof the SC or the Delhi HC decision in Home Retail.