Regarding service tax on renting of immovable property

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 April 2012 does interest have to be paid for the period for which service tax was not paid during the confusion regarding latest amendment?

Dayal

Dayal (Expert)

20 April 2012 Yes interest is payable.

There is no wavier of interest.

It is proposed that penalty may be waived for those taxpayers who pay the service tax due on the renting of immovable property service (as on the sixth day of March, 2012), in full along with interest within six months. Section 80A is being introduced for this purpose. Those who fail to avail the benefit will be treated as if this section did not exist.

CA Kishore Tallam

CA Kishore Tallam (Expert)

20 April 2012 Here is the wording given in Budget for Renting of Immovable Property.
"Constitutional validity of the levy of service tax on renting of immovable property has been the subject matter of litigation leading to pronouncement of court judgments favorable to revenue, including those of Honourable Delhi High Court and Honourable Supreme Court. Taking an overall view, the Government has decided to waive the penalty for those taxpayers who pay the service tax due on the renting of immovable property service (as on 06.03.2012), in full along with interest. For this purpose, a new section 80A is being inserted in the Finance Act, 1994. This scheme of penalty waiver will be open only for a period of six months from the date of enactment of the Finance Bill, 2012".
Based on the same, there is no waiver of interest. However, penalty is waived if the dues along with interest is paid in full.

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