Service tax on rent of diesel generating set
This query is : Resolved
CA ROHIT KUMAR SAMAR
(Querist)
20 December 2008
Whether service tax is applicable on rent of diesel generating set
21 December 2008
If there is no VAT and the control of the geneset is yours means you are liable for payment of service tax
S. Banerjee
(Expert)
28 December 2008
Mr. Rohit,
"Renting of immovable property" as per section 65(90) covers renting, letting, leasing, licensing or other similar arrangement. Thus if these transactions or activities are carried out in relation to "immovable property" they are covered under the above mentioned services.
The term "immovable property" by itself has not been defined but while defining taxable service under this head in clause (zzzz) of section 65(105), it has been defined as an explanation, in which certain inclusions are given, which are mostly land and building and also provides fro certain exclusions like vacant land solely used for agriculture or used for residential purposes. etc.
"Immovable property" as per section 3(26) of General Clauses Act, shall include land, benefits to arise out of land and things attached to earth or permanently fastened to anything attached to earth.
If this definition is considered for applicability of service tax, rent of diesel generating set will not liable to Service tax come under the head of "Renting of immovable property".
Thanks, S. Banerjee
"Renting of immovable property" as per section 65(90) covers renting, letting, leasing, licensing or other similar arrangement. Thus if these transactions or activities are carried out in relation to "immovable property" they are covered under the above mentioned services.
The term "immovable property" by itself has not been defined but while defining taxable service under this head in clause (zzzz) of section 65(105), it has been defined as an explanation, in which certain inclusions are given, which are mostly land and building and also provides fro certain exclusions like vacant land solely used for agriculture or used for residential purposes. etc.
"Immovable property" as per section 3(26) of General Clauses Act, shall include land, benefits to arise out of land and things attached to earth or permanently fastened to anything attached to earth.
If this definition is considered for applicability of service tax, rent of diesel generating set will not liable to Service tax come under the head of "Renting of immovable property".
Thanks, S. Banerjee
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Depreciation Chart Companies Act
- GST Audit whether Govt Companies are exempt?
- PTRC Show Cause Notice on Email
- Unable to File TDS Q2 Return – New TRACES Portal Error
- Capital Gail Exemption Certificate
- Issuing of delivery challan by seller of goods
- Not ordinarily resident having partnership income in India and salary in USA is any form to filed be
- Taxation of crypto futures in India Fy 2026- 2027
- EPF ECR NEW RULES Sep 17th 2026
- Transfer of Physical Stock Between Two Proprietorship Concerns
- Accounting treatment of AMC alongwith the purchase of Laptop
- GST Treatment of Purchases with GST Paid where Outward Supplies of Manufactured CattleFeed Exempt
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- IMPORT PURCHASE ENTRY PASSED IN BOOKS OF ACCOUNT
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
