service tax on rent whose liability to pay

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This query is : Resolved

Pankaj Agarwal (Querist)

27 November 2007 if the service provider fails to collect service tax from the tenant then is there any problem being faced by the tenant in respect of service tax liability.

Suresh Agrawal

Suresh Agrawal (Expert)

28 November 2007 Service tax liability is on the landlord who receives the rent. Tenant has nothing to worry about.

K V Subba Rao

K V Subba Rao (Expert)

28 November 2007 I agree with Mr Suresh Agarwal.

Late CA Sampat Jain

Late CA Sampat Jain (Expert)

28 November 2007 The liability to service tax is on the service provider .....except for few services where it has been fixed on the service receiver .

The real issue is whether tenant can be legally enforced to pay it to the land lord .The answere is , the liablity to pay by the tenant is contractual liablity......IT DEPENDS ON THE AGREEMENT WITH HIM.

Dayal

Dayal (Expert)

29 November 2007 The onus to discharge liability is on the provider barring few exceptions.

however in your case the liability is on the provider and you cannot be made liable to pay on his account.

Pankaj Agarwal

Pankaj Agarwal (Querist)

30 November 2007 thanks to everyone for your valuable replies

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