Service Tax on Commercial Rental

This query is : Resolved

Pritam Singh (Querist)
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08 May 2010 From August 09 service tax removed on commercial renting.our landlord not charging service tax since Aug 09. now in May 2010 we received Invoice for Arrear Service Tax from Aug 09 to March 10.

is any new descision regarding this?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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08 May 2010 In the Finance Bill,2010 amendments are introduced in the definition of 'renting of immovable property' with retrospective effect from June 1, 2007 so as to provide that renting itself is a taxable service. Accordingly, tenants will be liable to pay service tax to land lord for the period beginning with June 1,2007.

Pritam Singh

Pritam Singh (Querist)
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08 May 2010 Can u please send some notification, or document or link regarding this

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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08 May 2010 Please see clause 75(A)(5)(h) in chapter V of the Finance Bill,2010.

Shyam Lal Naik

Shyam Lal Naik (Expert)
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10 May 2010 The Hon'ble High Court of Kerala, in a recent ruling has opined that retrospective amendmenmt are bad in law. The judgment was rendered in an indirect case.

The court observed that the tax payer may not be able to collect the tax for past transaction.

However, we are accustomed to such attrocities and accept without a whisper.

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