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Renting of Immovable properties

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(Querist)
02 March 2010 Dear All

Pls clarify that whether to charge the Service tax on Renting of office buildings or not after the current amendments on renting of Immovable properties as per Budget 2010. Previously my client was not charging as per the high court order.

Regards
Tarun Jain
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CA Chitresh Gupta

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CA Chitresh Gupta (Expert)
02 March 2010 Yes, Service tax needs to be charged. The judgement of the High court in the case Home Solutions retail limited has been overruled by the amendment by Budget 2010 with retrospective effect from 01-06-2007.

You need to also charge and deposit the service tax w.e.f. 01-6-2007.

Regards
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Rasesh

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Rasesh (Expert)
02 March 2010 Agree with expert.

The High Court order was also put on stay by the Supreme Court and hence the client should have charged service tax.
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
02 March 2010 Agree.up to the court final decision Service tax need to charge
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