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RENTING OF IMMOVABLE PROPERTY

This query is : Resolved 
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18 June 2009 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.
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CA Hemant T Dewani

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CA Hemant T Dewani (Expert)
18 June 2009 if immovable property is rented on commercial basis then service tax is applicable in your query open space is given on rent basis including covered area so service tax is applicable to you
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