Service tax on renting of immovable property

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Dear All

What is the Latest position on paymen tof Service Tax on renting of Immovable Property?

What is the outcome before the Delhi Division Bench in Home solution case?

Is there any stay by Supreme Court?

Thanks

Replies (4)

Delhi HC full bench, P&H HC, and Bombay HC decided the question in favor of revenue including the restrospective amendment. SLP agaist Bombay HC decision stands admitted before SC. Stay has been granted to the petitioners on demand of ST until 30-09-2011.

Is it  till 30.09.2011 or 14.10.2011

Stay granted up to 3-09-211

Delhi High Court- Service Tax on Renting of Immovable Property Valid: is Penalty retrospective too?

The questions still pending before the Supreme Court is regarding the Penalty which may be imposed starting from the period of 2007 to the date of enactment i.e., Finance Act, 2010.

The Supreme Court may decide that Penalty is not applicable in the present case (Star India Pvt Limited (2005)7 SCC 203)

In Star (I) (P) Ltd. V UOI; it was held “...The liability to pay interest would only arise on default and is really in the nature of a quasi-punishment. Such liability although created retrospectively could not entail the punishment of payment of interest with retrospective effect


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