service tax on commercial rent
This query is : Resolved
09 October 2009
is service tax to be charged on commercial rent after the HC judgement???
If not then, if vendor has charged how can we ask for refund?
If not then, if vendor has charged how can we ask for refund?
Guest
Guest
(Expert)
09 October 2009
no, It cant be charged now. If paid, it can be claimed as refund of service tax paid.
CA Suresh Choudhary
(Expert)
09 October 2009
Agree with expert.
Aftter judgement of high court it is unconstitutional if ST is charged on the rent of Commercial property.
And if already paid then can be claimed as refund.
Aftter judgement of high court it is unconstitutional if ST is charged on the rent of Commercial property.
And if already paid then can be claimed as refund.
09 October 2009
dear experts,
i agree with your comments, as far as my knowledge is concern, IT dept hasnt issue a notification against this, how much it is advisable to obey the high court decision??
Nazir
i agree with your comments, as far as my knowledge is concern, IT dept hasnt issue a notification against this, how much it is advisable to obey the high court decision??
Nazir
09 October 2009
dear experts,
i agree with your comments, as far as my knowledge is concern, IT dept hasnt issue a notification against this, how much it is advisable to obey the high court decision??
Nazir
i agree with your comments, as far as my knowledge is concern, IT dept hasnt issue a notification against this, how much it is advisable to obey the high court decision??
Nazir
09 October 2009
Dear experts
Even i am with nazir, since there is no notification on wht basis we can say to the vendor not to charge service and we can take refund??
and also as my knowledge goes, CBEC has went to Supreme court.
Even i am with nazir, since there is no notification on wht basis we can say to the vendor not to charge service and we can take refund??
and also as my knowledge goes, CBEC has went to Supreme court.
CA. B.SRINIVASULU
(Expert)
09 October 2009
As per the constitution the supreme court is the final authority, the high court decission can be reversed in supreme court. There are many instances where it has happened. Therefore it is advisiable to claim from the tenant and pay to the department and when the supreme court decides in favour at that time you can claim refund. Even if your tenat is not paying you raise the bill alongiwth service tax. Otherwise tommmorow you cannnot recover the same by filing a civil suit.
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