S.t.liability in case of renting of immovable property

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One of my client being an Individual has given Factory premises owned by him (i.e.Commercial Property)to 2 occupiers being manufacturer covered under Excise law based on Sq.yard rate by means of Leave and Licence Agreement. Rental Income comes Rs.163000/- and 10000/- p.m. respectively from these 2 occupiers. Hence up to Aug,2012 the Total Rental income from each Individual occupier comes to Rs.815000/- and Rs.50000/- respectively, Hence total aggregating Rs.865000/-. Now for the month of Sept,2012 Rs.163000/ and Rs.10000/- If we consider the said Rental Income then My client has to register with S.T. Dept. and charge S.T. as total Turnover exceeds Rs.900000/1000000/- as the case may be. Accordingly I apply for the same i.e. ST-1 in the month of Oct,2012 i.e. on 25/10/2012 today itself.. Now my query is as under:- i) How to prepare Invoice/Bill to each Occupier along with Service tax @ 12.36% from Sept,2012 & On-wards as in Sept,2012 itself turnover exceeds Rs.1000000/- i.e. Rs.978000/- & Rs.60000/- from each occupier. ii) How to compute Interest @ 15% p.a. for delayed payment of Service tax and on which amount as well as for how many months i.e. either for 1 month or 2 Months. 

 

Replies (2)

According to my opinion

i)Invoice is to be prepare as under 

Rent amount  163000

Service tax 12%

E.cess2%

S.H.E.cess1%

ii)Interest is to be paid for sep mnth only @ 18%(for whose turnover less than 60 lakhs) on Service tax

Lets see what others reply

As per agreement what is the date on which rent would acrued. If rent accrues in October 2012 for the month of september 2012 based on terms of contract, then no interest would accrue. You just have to charge service tax on taxable income exceeds Rs. 10,00,000 i.e in your case after considering sept 12 rental income it exceeds rs. 10 lakhs by Rs.38000.You have to charge servuce tax @ 12.36% on rs38000 and pay by due date i.e. 6th of January 2012 as periodicity of payment of service tax for individual is quartelry basis

 

ALl things will be clear based on provisions contained in leaveand license agreement

Thanks and Regards,

 

manoj B. Gavali


CCI Pro

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