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Service Tax on renting of commercial property

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(Querist)
07 May 2009 In view of the Delhi High Court's decision of holding service tax on commercial rental as unconstitutional, how do we go about this in Andhra Pradesh? Service Tax is a central tax and uniform through out India.
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Madhukar N Hiregange

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Madhukar N Hiregange (Expert)
07 May 2009 The jurisdiction is only Delhi for the case. You can file a writ relying on the DHC decision in AP.

The SC is already in the process of examining the issue. How long that will take in not known.

Dept may appeal against the DHC decision.

Pya ST under protest or file writ appear to be th eoptions. Alternatively write to dept. that you are not paying in the light of the decision and take an acknoweldgement. Depending on their response take action.
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CA Suresh Choudhary

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CA Suresh Choudhary (Expert)
07 May 2009 In my opinion untill the supreme court clarifies or takes any decision we should not collect ST because reverse is done then it will be very difficult to refund from the departmet.
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