Very urgent query for service tax on immovable property

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This query is : Resolved

Rajiv (Querist)

06 October 2015 GOOD MORNING EXPERTSS,
THIS QUERY VERY URGENT FOR ME. OUR HEAD OFFICE IS SITUATED IN RENTED PLACE. WHICH RENT PER MONTH CHARGE BY OWNER IS 1 LAKH. MY QUERY ONLY THAT WHO WILL PAY SERVICE TAX ON IMMOVABLE PROPERTY.
I READ IN TAX GURU WEBSITE THAT

Renting of hotels, inns, guest houses,
clubs, campsites or other commercial
places meant for residential or lodging
purposes. THEN TAXABLE PORTION IS 60% AFTER TAKE 40% ABATEMENT.
PLEASE TELL ME THAT WHO WILL PAY THIS 60 % SERVIE TAX

RahulMehta

RahulMehta (Expert)

06 October 2015 This abatement is for those premises which are meant for 'residential purposes'.

In your case landlord with charge and pay ST

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Rajiv

Rajiv (Querist)

06 October 2015 THANKS FOR YOUR VALUABLE REPLY SIR,
IT MEANS THAT 60 % SERVICE TAX WILL PAY BY LANDLORD

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

06 October 2015 Service tax is payable on 100% value as it is not meant for residential or lodging. The owner of the property is liable to pay service tax.

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Rajiv

Rajiv (Querist)

06 October 2015 BUT SIR WHICH CONDITION WE LANDLORD WILL PAY 60% SERVIC ETAX
THANKS SIR

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

06 October 2015 Renting of hotels and guest houses.

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Rajiv

Rajiv (Querist)

06 October 2015 RENTING OF HOTELS AND GUEST HOUSE FOR COMMERCIAL PURPOSE ALSO.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

06 October 2015 Yes, if it is for lodging.

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Rajiv

Rajiv (Querist)

06 October 2015 MEANS SIR LAND LORD WILL PAY 14% SERVICE TAX. ON RENT 1 LAKH.
SIR CAN WE TAKE CENVAT CREDIT OF SERVICE TAX PAID AT THE TIME OF EXCISE PAYMENT

RahulMehta

RahulMehta (Expert)

06 October 2015 Correct..............

Rajiv

Rajiv (Querist)

06 October 2015 SIR CAN WE TAKE CENVAT CREDIT OF SERVICE TAX AT THE TIME OF EXCISE PAYMENT

RahulMehta

RahulMehta (Expert)

06 October 2015 eligible if in relation to manufacture of taxable goods/ services and all services under the inclusive list.

Rajiv

Rajiv (Querist)

14 October 2015 sie we deposited service tax on rent a cab @ 40%. then sir at the time of filling service tax return. in rent a cab sheet in st3 return. there are 3 option show for service receiver. 100%,40% 50%. but we deposited service tax 40% on invoice value. then sir which percentage we will select .

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

14 October 2015 Select 40% which you have paid.

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Rajiv

Rajiv (Querist)

14 October 2015 SIR WE RECEIVED A BILL OF HIRING/RENT CHARGES OF MACHINE. MACHINE IS RELATED WITH OUR PRODUCTION. IN RENT BILL SERVICE TAX ALSO INCLUDE. SIR CAN WE TAKE CENVAT CREDIT OF THIS AT THE TIME OF EXCISE PAYMENT.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

14 October 2015 Yes cenvat credit can be taken at the time of excise payment.

Rajiv

Rajiv (Querist)

27 October 2015 sir plaz reply this query abt. dep relative query thanks
Read more at:
https://www.caclubindia.com/experts/how-to-calculate-depriciation-on-capital-goods-2204919.asp

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