No Service Tax on Commercial Rent



No Service Tax on Commercial Rent

 

 

Section 65(105)(zzzz) of the Finance Act, 1994 defines taxable service of Renting of immovable property to mean any service provided or to be provided “in relation to” renting of immovable property for use in the course of furtherance of business or commerce.

                        In an Interesting interpretation of the expression “in relation to”, the Delhi High Court has ruled that mere renting of the immovable property would not by itself constitute a taxable service and that what can be subject to service tax is some service rendered “in relation to” and the renting of immovable property.

            The Delhi High Court held the above decision with the following reasons :         

1.         Renting of the immovable Property by itself does not constitute a service;

2.         Service tax is a value added tax and therefore it is levied on the value addition    provided by some service provider; renting of the immovable property for use          in course or furtherance of business or commerce does not entail any value             addition and therefore can not be regarded as service.

As a result, no service tax is payable on commercial rent for immovable property.

 

From this analysis, it is clear that we have to understand as to whether renting of immovable property for use in the course or furtherance of business or commerce by itself is a service. There is no dispute that any service connected with the renting of such immovable property would fall within the ambit of Section 65(105)(zzzz) and would be exigible to service tax. The question is whether renting of such immovable property by itself constitutes a service and, thereby, a taxable service. We have already seen that service tax is a value added tax. It is a tax on the value addition provided by some service provider. Renting of Immovable property for use in the course or furtherance of business of commerce by itself does not entail any value addition and, therefore, cannot be regarded as a service.

Following the landmark ruling, landlords who have not collected by paid service tax can apply for refund of service tax paid by them in the last one year, subject to such applicant being able to show that he has not collected the tax from the lessee/licensee. Where the tax has been collected from the lessee/licensee, such lessee/licensee can also apply for refund of the service tax paid in the last one year, subject to the lessee/licensee being able to show that he has not passed on the burden of the tax.

This is my understanding about the concerned law and not an opinion or advice.

CA Pankaj Galhotra

P.K. Vasudeva & Co.

9915793-007


19987 Views 3 Likes Comment   Share Service Tax   Report


About the Author

CA (Tax advisory)

If you want to know about CPA and download notes then click the link below www.caclubindia.com/share_files/becker-cpa-review-sample-notes--22920.asp www.caclubindia.com/share_files/files_display_list_by_member.asp My best Article www.caclubindia.com/articles/no-tds-on-service-tax-component-4384.asp

Comments :

Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details