Service tax on rent of diesel generating set
This query is : Resolved
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
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
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