The issue on rental on commercial rent was decided by the Delhi HC as not applicable due to two reasons primarily:
1. No value add in activity of pure renting
2. The service of renting is not in relation to renting
The aspect of constitutional validity was not examined.
Against this decision the dept went to the SC and we understand that the stay of the decision was also prayed for but not grnated. However the petitin was admitted.
Therefore it appears that the issue seems tobe favouring the tax payer substnatially. If paying pay under protest. If not paying intimate dept the reason and also take undertaking from the tenant.