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Service tax on Commercial Rental

This query is : Resolved 
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(Querist)
20 June 2009 our client is landlord of Property & he is charging the Service tax to its Tenant but as per the Judgement given by Delhi High Court as on 18th April 2009 no service tax is applicable to commercial Rental

on the basis of that can i exempt form Service tax
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Madhukar N Hiregange

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Madhukar N Hiregange (Expert)
20 June 2009 The Dept has filed an appeal against the DHC judgement and only when it is disposed finality will come.
In my opinion however the case is substiatial in favour of the tax payer as rent is not really of service. No advice, consultacny , labour is involved in the same.
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Sanjeev Kumar

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Sanjeev Kumar (Expert)
22 June 2009 if landlord charged ser. tax then he is liable to deposit the same before revenue or return back to tenant in the light of said judgement. please note said judgement only about rental charges but if some other facility also provided with premises then they would be liable for tax. pls check facts in details..
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