St on storage charges of paddy (agriculture produce)
This query is : Resolved
Aanand Jha
(Querist)
18 March 2014
we (FMCG Public Ltd. Co.) have let out a part of Godown to Bihar State Food Corporation on fixed Monthly rental. Pls. explain is this service is chargeable to service tax or not?
Kindly answer this query in view of Sec. 66D(d), Section 66(E) & other clause/notification/circulars.
Kindly answer this query in view of Sec. 66D(d), Section 66(E) & other clause/notification/circulars.
CA. RAVIKUMAR
(Expert)
19 March 2014
As per Sec 66E i.e declared services the Renting of immovable property is taxable, at the same time as per Sec 66D(d) i.e negative list renting or leasing of vacant land with or without a structure incidental to its use.
If the renting is for storage of agricultural produce then it is not chargeable to Service tax.
If the renting is for storage of agricultural produce then it is not chargeable to Service tax.
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Aanand Jha
(Querist)
19 March 2014
You mean, Sec-66E is overruling Sec-66D(d). If it is overruling, it should be chargeable to service tax.
Pls. clear.
Pls. clear.
CA. RAVIKUMAR
(Expert)
19 March 2014
It is not about overruling,
When sec 66E is taxes the renting of immovable property, the negative list exempts for storage of agriculture produce under 66D(d)
When sec 66E is taxes the renting of immovable property, the negative list exempts for storage of agriculture produce under 66D(d)
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Aanand Jha
(Querist)
19 March 2014
Thanks a lot Ravi Ji, pls. clear & oblige one more thing that, our main business is not for renting & storage service (we are edible oil manufacturer), we given unused space of our husk godown to Government agency just to store paddy there on fixed monthly rental.
Still exempt?
Still exempt?
CA. RAVIKUMAR
(Expert)
19 March 2014
The subject matter is renting for storage of agriculture produce, hence you service is exempted under negative list.
if you need more information and clarification contact me at rkb@icai.org
if you need more information and clarification contact me at rkb@icai.org
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