Service Tax on Rent on commercial Property

The service tax department has filed an appeal against the order of the delhi high court.

Also currently almost everyone is charging service on rent as if they do not charge and if the assessee losses the case in the supreme court the ST department will levy both interest and default on the persons who did not collect the same. And if in the supreme court the assessee wins then the department will have to come out with a notification regarding refund of the same.

Since the balance of conveyance is in favour of the landlord, it maybe preferable not to pay ( take a calculated risk) If payment forced the same maybe made under protest. Ideally file a refund claim now itslef to save limitation.