Service tax credit

X is Individual Service Provider. He also Service Receiver.Can he utilise service tax.Both Service is renting of Immovable Property.

Replies (5)
Yes if he is receiving the service of rentingas well providing the same service then he can utilize the service tax credit paid.

Is the same property taken on rent and further sub-let?

Please note that Sevice Tax paid on one property cannot be considered as Input service in relation to Service Tax payable on letting out another property, since there is no direct nexus betwen the two.

How can the lessee sub let wen he is not owner

 

Please refer as below. Subletting is a mode where the tenant lets out the rented property to another.

Dear Aditya,

 

There is no need to have a direct nexus with the output Service tax liability. Thus, the Cenvat credit on the services received in the form of renting of immovable property should be available, provided such premises are being used to provide a taxable output service.

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