Registration under service tax

Queries 342 views 1 replies

Dear All,

I have a query regarding registration of a client under service tax.The case is as follows-

A client receives an amount of Rs1600000 from renting of an immovable property.The income of rental receipt is divided among two clients A & B such that the income tax return of each client shows rental income of Rs.800000.

Now one of the client say A receives a sum of money of Rs.500000 by providing another taxable service.So the client is required to get registration under service tax as the taxable turnover of services exceeds Rs.900000.

The query here is that since the rental receipt is under one single bill there is no separate proof that the rental receipt is divided among two assessees.How should we determine A's taxable turnover in order to get registered under service tax.

Replies (1)

Hi Priyanka,

 

Its an interesting question. In a similar facts, Hon’ble Ahmedabad CESTAT had granted stay in case of Dineshbhai Patel, wherein the issue was pertaining to claim of SSI exemption by the two joint owners of a property for which the amount was received jointly.

 

You may refer to this case law for more clarity.


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