Banking services input credit for rent

CA PRASAD KSHIRSAGAR (CA Practice ) (148 Points)

13 November 2013  

The following are the facts of the matter in which I expect the views:

1. The service provider is a Co-operative Bank having some branches in maharashtra.

2. One of the branch located is having rental agreement with the landlord which is duly registered since 2009.

3. The branch has been paying rent by pay order to the landlord from time to time however without any service tax.

4. The Landlord has now requested the bank to pay the service tax on past as well as current rent payments

6. No bill or invoice is issued by the landlord to the bank; except that there is communication thru the letters to the branch as well as head office. 

I WISH TO HAVE YOUR SAY,

i. Can bank re-imburse the service tax amount to the landlord for past rental payments?

ii Can the bank get the input credit of those payments? 

 

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