service tax invalid for renting of commercial properties

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shivakumari.j.p

shivakumari.j.p (Querist)
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27 April 2009 Just want to check if the judgement copy of delhi hight court decession about levy of service tax on rent is invalid is available??? also about the applicability of the judegement, is it restricted to Delhi or applicable to whole of India???

Shyam Lal Naik

Shyam Lal Naik (Expert)
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27 April 2009 Full text of the judgement is not yet available.

Regarding applicability, judgement of the High Court has pan India application, unless, there is contrary judgement of the jurisdictional High Court.

All the writ petitions filed in various High Courts, challanging the levy, were, on the direction of the Hon'ble Supreme Court transfered to the High Court of Delhi. Hence there is no question of contrary judgement.

The judgement is applicable to whole of India.

Madhukar N Hiregange

Madhukar N Hiregange (Expert)
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27 April 2009 Text available maybe google it.

Would be applicable only in Delhi but other courts may follow. Matter maybe appealed and also other matters already with SC still to be decided.

Initmate and seeek clarification from dept. If at all paid tobe paid under protest ONLY.

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