Service tax on interest free security deposit

This query is : Resolved

CA ASHISH GUPTA (Querist)
Follow

06 January 2012 Most of the Landlords receive interest free security deposit from tenants. whether notional interest can be taxed on that interest free security deposit. Please refer relevant case law.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
Follow

06 January 2012 Answer withdrawn with in 1/2 hour of hoisting since answered as per Income tax Act,1961. Error is regretted.

CA ASHISH GUPTA

CA ASHISH GUPTA (Querist)
Follow

06 January 2012 sir...i couldnt understand...

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
Follow

24 July 2025 Great question! Regarding **service tax on interest-free security deposits**, here’s the general understanding:

---

### Key Point:

* **Security deposits**, whether interest-bearing or interest-free, are generally **not considered as a taxable service** under Service Tax law.
* Service tax is charged on the value of **services provided**, not on deposits held.
* There is **no provision for taxing notional interest on interest-free deposits** under Service Tax.

---

### Why?

1. **Nature of Security Deposit**:
A security deposit is a refundable amount held as a guarantee against potential damages or non-payment. It is **not a consideration for any service rendered**.

2. **Service Tax Applicability**:
Service Tax is levied on taxable services provided. Interest-free deposits do not fall under any taxable service category.

3. **No Case Law on Notional Interest**:
There is **no authoritative judgement or case law** that treats notional interest on interest-free deposits as taxable under Service Tax.

4. **Income Tax Confusion**:
Sometimes, notional interest on such deposits is discussed in the context of **Income Tax** (e.g., deemed income), but **this is unrelated to Service Tax**.

---

### Summary:

* No service tax on interest-free security deposit.
* No tax on notional interest since it is not a service or consideration.
* Security deposit is outside the scope of service tax.

---

If you want, I can help look up any recent notifications or circulars to confirm this for your jurisdiction. Would you like me to do that?

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now