service tax on immovable property

This query is : Resolved

RAM SAINI (Querist)
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09 July 2009 Dear alls pls advise

As per the decision of the H`nerable DELHI HIGH COURT the is no service tax on rent of the immovable property

Though the Supereme court decision is pending

if we follow and not pay the service tax on the rent which we are paying to our landlord and giving the undertaking that if the decision will go against the assesse and have to pay the service tax with interest and panelty

and we do like that

if yes could we use our cenvat credit of service tax and excise duty for paying that service tax

pls advise

Madhukar N Hiregange

Madhukar N Hiregange (Expert)
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12 July 2009 If you pay the tax the credit can be claimed.

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