Service tax input on renting of immovable property

Alpesh (ACCOUNTANT) (69 Points)

17 October 2016  

Dear Sir / Madam,


We have rented Our Office premises in F.Y.2013-14 to a Pvt. Ltd. Firm... & Forgot to charge service tax on Renting of Immovable property. Now in F.Y.2016-17 service tax Audit done for last 6 years. & we have paid the service tax on Renting of Immovable property. from F.Y.2013-14 to till date with interest & penalty. Now we have issued a seprate invoice to the Tenant for claiming of service tax amount from F.Y.2013-14 to till date. But Tenant is Denying to accept the invoice since it is of prior years by giving the reason that "They can not Claim the CENVAT against the payment of prior years". We have told them since we have paid the service tax in F.Y.2016-17 pertaining to F.Y.2013-14 to till date & invoice u in current date u will get the cenvat but they are not accepting.

Can u pls. advise on the same with proper Notification ref.

Can they claim the CENVAT.. so we can recover our Service tax Amount from them.

Thanks in advance.



Alpesh Bhanushali