Expenses of non registered premises

413 views 6 replies

Hello Friends,

I want to ask that I am a service provider providing recruitment solutions and having a registered premises at my home. But working on a rental premises in a commercial area. So

Can i Claim the rent, rates and other expenses with respect to the premises from where i Use to provide services.

I have not registered that premises from where i use to work as that I have taken on rent and i have to keep moving.

So, pls Throw some light in this issue.

Replies (6)

Yes, you may claim such expenses as deduction in your ITR-4.

Thanks for replying Sir,

But My CA told me that , NO you cannot claim such expenses with respect to the premises you have not shown in Service tax .

Can you please clarify in support of some evidence. or by citing any case laws or sections

There are so many service providers who have their home as registered office and run their business from a rental premises. It is not possible that IT dept would disallow such basic expenses because the rental premises is not a registered office. I do not have any section or caselaw to support this but I am thinking logically that IT dept must have a strong legitmate reason to disallow expenses and this is not one of them.

If the CA is doubtful about this, then address of business can be changed with the service tax dept.

 

Wait for more replies.

you can claim expenses.... it is not necesary that expenses are incurred in connection with premises registered.

Thanks for replying

Ok, then are there any objections in Service tax department with respect to the same that we have are providing services from the place which is not registered.

i know few persons who are doing the same thing... till date s.tax dept. has not questioned them. but i cant say with sureity that it wont ques. them in future. just one thing is taken care of that registered address is mentioned on invoice issued.


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