S.T. PAYABLE
This query is : Resolved
CA MEENAKSHI MANGLA
(Querist)
18 May 2009
MY CLIENT HAVE TAKEN NON REFUNDABLE SECURITY EQUAL 6 MONTH RENT AND THIS AGREEMENT TIME PERIOD WAS 2 YEAR.
NOW F.Y. 2008-09 FROM SEP MONTH, RENT IS NOT RECEIVED FROM DEBTOR TO MY CLIENT AND CASE AGAINST PARTY PENDING IN COURT.
NOW MY QUERY IS WHETHER SERVICE TAX SHOULD BE PAID MY CLIENT OR NOT, IF CO. RECOGNISE REVENUE THROUGH ADJUSTMENT OF SECURITY. ONE POINT IS ALSO CONSIDERED THAT MY CLIENT HAVE COLLECTED SECURITY EQUAL TO SIX MONTH RENT EXCLUDE THE S.T.
NOW F.Y. 2008-09 FROM SEP MONTH, RENT IS NOT RECEIVED FROM DEBTOR TO MY CLIENT AND CASE AGAINST PARTY PENDING IN COURT.
NOW MY QUERY IS WHETHER SERVICE TAX SHOULD BE PAID MY CLIENT OR NOT, IF CO. RECOGNISE REVENUE THROUGH ADJUSTMENT OF SECURITY. ONE POINT IS ALSO CONSIDERED THAT MY CLIENT HAVE COLLECTED SECURITY EQUAL TO SIX MONTH RENT EXCLUDE THE S.T.
Madhukar N Hiregange
(Expert)
20 May 2009
Considering the Delhi High Court decision maybe the decision can be postponed. Maybe worth it as there is reimbursment of the ST in this case.
Client should decide and take the risk.
Client should decide and take the risk.
CA MEENAKSHI MANGLA
(Querist)
22 May 2009
FOR SUCH SITUTATION, IS THERE SOME DECIDED CASE LAW?
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