Renting of Immovable properties
This query is : Resolved
28 October 2009
Sir,
In view of decision by DHC in "Home Solutions Retails India Ltd & others" we are still charging the service tax on Rent in the Invoice and depositing tax on receipt basis i.e amount of service tax received less Input credit and not depositing for those amoont of ST not recd.
An alternate view is given by some consultant that we should treat the ST as amount recd on behalf of Govt and deposit it U/s 73A of ST act.
Your view is soliciated .
Regards
Manoj Sharma
In view of decision by DHC in "Home Solutions Retails India Ltd & others" we are still charging the service tax on Rent in the Invoice and depositing tax on receipt basis i.e amount of service tax received less Input credit and not depositing for those amoont of ST not recd.
An alternate view is given by some consultant that we should treat the ST as amount recd on behalf of Govt and deposit it U/s 73A of ST act.
Your view is soliciated .
Regards
Manoj Sharma
Shyam Lal Naik
(Expert)
28 October 2009
The alternate view is correct.
Also please intimate the department that the amount is being deposited under protest.
Also please intimate the department that the amount is being deposited under protest.
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