Service tax on " rental of immovable property services

1407 views 1 replies

Dear friends,

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 ).
query is;
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?

Replies (1)
Originally posted by :Rajesh A
" Dear friends,
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 ).
query is;
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?
"

Dear Rajesh,
 

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

Warm Regards

Madhukar 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
Featured 28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLES

T R SOOD & CO

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details