Prem (Legal Manager) (46 Points)
05 October 2011Dear All
What is the Latest position on paymen tof Service Tax on renting of Immovable Property?
What is the outcome before the Delhi Division Bench in Home solution case?
Is there any stay by Supreme Court?
Thanks
CA Unnikrishnan Nair N
(Chartered Accountant)
(2083 Points)
Replied 06 October 2011
Delhi HC full bench, P&H HC, and Bombay HC decided the question in favor of revenue including the restrospective amendment. SLP agaist Bombay HC decision stands admitted before SC. Stay has been granted to the petitioners on demand of ST until 30-09-2011.
CA Unnikrishnan Nair N
(Chartered Accountant)
(2083 Points)
Replied 07 October 2011
Stay granted up to 3-09-211
Vrinda Aghi
(Legal Associate)
(463 Points)
Replied 20 October 2011
The questions still pending before the Supreme Court is regarding the Penalty which may be imposed starting from the period of 2007 to the date of enactment i.e., Finance Act, 2010.
The Supreme Court may decide that Penalty is not applicable in the present case (Star India Pvt Limited (2005)7 SCC 203)
In Star (I) (P) Ltd. V UOI; it was held “...The liability to pay interest would only arise on default and is really in the nature of a quasi-punishment. Such liability although created retrospectively could not entail the punishment of payment of interest with retrospective effect
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