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Service tax on rent

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(Querist)
17 February 2009 Dear All,

What is the provision regarding service tax on rent.

If one partnership firm whose partners are directors in one company gives its premises to company on rent than service tax is applicable or not. Please give reason for that.
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Rajesh Kumar

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Rajesh Kumar (Expert)
17 February 2009 Service Tax is payable if the property is rented for use for commercial or industrial purposes; as a partnership firm and a company are different juridical persons, nowithstanding the fact that partners are directors in the company.
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Gaurav Hirawat

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Gaurav Hirawat (Querist)
17 February 2009 If main business is jewellery and partnership firm gives permises to company for commercial use than service tax is appliable or not.
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CA Nitin Wadhwani

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CA Nitin Wadhwani (Expert)
18 February 2009 Yes.
It is applicable irrespective whether it is business of the assessee or not.
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