service tax on rent

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biren thakkar (Querist)

31 March 2008 Respected sir,
i am having aquery regarding the service tax,

my company is engaged in trading & we are having Multi brand outlets in various cities.we are paying the rent to our tenant with service tax. with above i wanted to know that
1) if i am providing some space in my MBO to other brand for sale & if i am charging them the rent, whether on that rent of subletting we are liable to pay service tax or not??
2)can i get the set-off against the service tax paid or service tax recievable???
3)also in above situation if we agreed with the party that insted of rent we will treat as a fixed expenses given by you + commission in our books, then in that case is the service tax applicable.
please guide me for the same.

Jitender

Jitender (Expert)

31 March 2008 1 yes ,service tax is applicable.
2 u will get the credit of service tax paid.

biren thakkar

biren thakkar (Querist)

31 March 2008 This is reagrding the 3rd point of my query.
can i say in my agreement that the party will be liable to pay me Rs. 10000 fixed amount irrespective of sales amount.and with that situation can i liable to pay service tax because insted of saying rent i am indicating as fixed income.

Dayal

Dayal (Expert)

03 April 2008 Are the MBO owned by you , if not , then this income will not attract service tax.

Is there an agreement for such rent

IS the payment made or it is an adjustment against purchase in the form of discount

biren thakkar

biren thakkar (Querist)

05 April 2008 The MBO is owned by us & we are not having an clause in agreement for rent but it is statting that they will pay us Rs. 10000 as fixed margin.and it is not the adjustment against the purchase made. so in my books this fixed margin of Rs. 10000 where can i show ????

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