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RAM SAINI
19 June 2009 at 13:04

rent on property

we are having a plat on rent and the landlord is still charging the service tax on the rent amont on his bill

shud we pay the service tax or not ???????

pls advise


GOPAL KUMAR AGRAWAL
19 June 2009 at 10:53

Refund of Service Tax on rent

The Landmark judgement recieved from Delhi high court regarding not to pay Service Tax on rent
I want to know that the Service Tax which we have paid earlier on rent,we will get refund and if yes what is the Procedure for the same?


ritika
18 June 2009 at 19:16

service tax on construction property

On which amount the service tax is charged by the builder for residential houses it is registered amount in the registry or the total amount paid to builder? what is rate of tax? If there is some dispute in matter to whom should the appeal be made?


paresh zatakia
18 June 2009 at 16:22

Querry on TDS & service tax:

Dear Colleagues

Mr.A,Mr.B,Mr.C,& Mr.D entered into a joint venture for a setting up an I.T.Park. Mr.C,& Mr.D prematuredly rertired from the J/V.At the time of retirement Mr.A,Mr.B paid lumpsum consideration of Rs.50 lacs to Mr.C.They mentioned that amount included amount payable to Mr.D.

Mr.C paid Rs.20 lacs to Mr.D towards his share in retirement consideration of Rs.50 lacs.There is written document which mentions this fact.But Mr.C while making payment deducted TDS Under sec194J.

Querry

Mr. D has an apprehension that since TDS has been deducted,service tax may be leviable.
Infact the amount he received is towards his share in retirement consideration of the Rs.50 lacs.

Is Mr.D liable to pay service tax on Rs.20 lacs he received towards his share in retirement consideration of the Rs.50 lacs ?

Regards
c.a.paresh zatakia




Naresh kumar Golchha
18 June 2009 at 15:30

RENTING OF IMMOVABLE PROPERTY

I AM REGISTERED WITH SERVICE TAX DEPARTMENT IN A CATEGORY RENTING OF A IMMOVABLE PROPERTY FROM APR-2007. I RAISED THE INVOICE TO MY TENANT I.E. RENT OF RS.100000.00 SERVICE TAX AMOUNT RS.12360.00 TOTAL 112360.00. I HAD LET OUT MY PROPERTY ON RENT THAT INCLUDES OPEN AREA AND COVERED AREA. MY FIRST QUESTION IS THAT SERVICE TAX APPLICABLE ON COVERED AREA AND NOT IN OPEN AREA.MY CLIENT SAY THAT SERVICE TAX IS NOT APPLICABLE ON OPEN AREAS AS PER SECTION 65(ZZZ).
BUT I RECEIVED PAYMENT OF RENT ONLY MY TENANT REFUSES TO PAY SERVICE TAX AMOUNT AS HE IS SAYING THAT SERVICE TAX IS EXEMPT ON THIS SERVICE.MY QUESTION WHAT IS MY LIABILITY I HAD TO PAY SERVICE TAX ON RS.1 LACS ONLY OR I HAD NOT TO DEPOSIT THE SERVICE TAX AMOUNT AS THE SAME HAD NOT BEEN RECEIVED BY ME.


Naresh kumar Golchha
18 June 2009 at 15:03

service tax

I AM REGISTERED WITH SERVICE TAX DEPARTMENT-RENT A IMMOVABLE PROPERTY. I AM RAISING THE BILL TO MY TENANT RENT OF RS.100000.00 PLUS SERVICE TAX RS.10300.00. I HAD RECEIVED PAYMENT ON THE RENT AMOUNT ONLY I.E. ON RS.1 LACS MY TENANT REFUSES TO PAY SERVICE TAX AS HE IS SAYING THAT SERVICE TAX IS NOT APPLICABLE ON RENT A IMMOVABLE PROPERTY. MY QUESTION IS I HAD TO DEPOSIT SERVICE TAX ON RS.1 LACS AS I HAD NOT RECEIVED THE SERVICE TAX AMOUNT. MY TENANT SAY THAT THIS IS EXEMPTED SERVICE. MY QUESTION SERVICE TAX PAYABLE ON THE RECEIPT OF PAYMENT ONLY OR ON BILL RAISED.


karan
18 June 2009 at 14:41

related party transaction

in case I recieve a service from a related party amounting to Rs 100 and ST is Rs 10.
he bills me an amt of Rs 110, in a related party trans disclosure should i have to disclose Rs 100 or 110.
More over related to income i provide a service of Rs 100 and a related party deducted TDS of Rs 10, again what is the amount of disclosure.
Does me taking or not taking input credit to the above services alter the disclosure amount?
Please clarify


bhushan gupta

Mr. A is engaged in stiching contract with B company exporting rice.The Detail of the contract is as follows:
a)All the material and equipment required for the stiching of bags will be of Mr. A.
b) B company would pay amount on per bag basis.

Now, total amount of the payment from B exceeds Rs.10lacs in a financial year.Whether A is required to registered with Service Tax , and charge service tax on the billing of stiching to B?

Please substantiate the answer with the mentioning of relevant notification no. and details


Yogesh Modi

As per High Court Ruling Service Tax is not Chargeable on Rental of immovable property. My query is that whether the same is also applicable in respect of Rental of Plant & Equipment.


Harsh Shah
18 June 2009 at 12:57

Plz. Help me

Since introduction of Service Tax for PCC students, it is the practice of ICAI not to test students on " Specific Services " . Whether same practice shall be taken as valid for PCC/IPCC - Nov.09 examination ???
Plz. clarify at an earliest ...






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