|Originally posted by :Rajesh A
a lessor got regn under ST on 24.03.09 for " rental of immovable property services'and claiming ST from 01.04.2008 ( i.e from FY begining onwards ).
1.Is it correct charging ST with retrospective effect?
2.Will ST applicalbe on the full value of rent paid?
3.Is ST applicable on arrears of rent also?
4.The property belongs to HUF and rent paid to individual co parceners by separate cheques after TDS.But only one co parcener charging ST out of his share of rent.Is it correct or we have to pay voluntarily to all the owners?
1) If one has not paid the ST for the past which is liable he should do so. However there is astay on recovery for some retailers granted and the matter of levy itself is being examined. Suyggested that the person paying the ST pay it under protest.
2) Valuation is rent paid less municipal taces
3) Applicable for arrears. Some legal experts opine that once the clarity on payment comes only payment for the past year is sufficent. bona fide nature.
4) Yes some of them may pay some may not. Service Tax law - thy name is Confusion