Service tax on furniture & fixtures

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prashanth ng (Querist)
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20 October 2009 We have rented premises, the tenant has provided furniture & fixture, now is charging service tax for the furniture & fixtures, i need a clarification whether service tax is applicable on rented furniture & fixtures

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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20 October 2009 Yes, it is applicable if the tranfer of ownership is not transferred to you.

Shyam Lal Naik

Shyam Lal Naik (Expert)
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20 October 2009 It is not clear from the query, in which category tax has been charged.

Supply of tangible goods:
Service tax is not applicable in case of transfer of possession and control.

Since, in the case of furniture & fixtures, posession and control will invariably be transfered, service tax can not be chaged.

Renting of immovable property:
It can be charged by the landlord only, following the recent judgement of the Hon'ble High Court of Delhi.

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