Service tax on Service Apartments


Ranganath AAGJ (CA Final Student)     13 May 2008

Ranganath AAGJ
CA Final Student 
 147 points

| My Other Post

hi all,
I wanted to just know whether service tax is applicable on renting of service apartments. The apartments are being rented out to companies on daily and monthly basis. Just let me know whether it comes under " service tax on renting of immovable property"

 

avater

Shekar (CA & LCS )     13 May 2008

Shekar
CA & LCS  
 25 likes  1109 points

View Profile | My Other Post

Yes...Service tax is applicable..

avater

Deepak Sugandhi (Chartered Accountant)     13 May 2008

Deepak Sugandhi
Chartered Accountant 
 2 likes  45 points

View Profile | My Other Post

No. Please refer Service Tax by S S Gupta May 2007 Edn. page 1019-1020.

Certain properties are excluded;

(d) building used solely for residential purposes & buildings used for the purpose of accomodation, including hotels, hostels, boarding houses, holiday, accomodation, tents, camping facilities.

Hence I feel service apartments are exempt.

avater

Taxguy (Consultant)     19 May 2008

Taxguy
Consultant 
 44 likes  3383 points

View Profile | My Other Post

The use of the building is for commercial purpose and not residential, eventhough the person occupying the room will use it for residential use.  Therefore, the service tax is applicable on the landlord owning the building for having rented it for commercial use.  In most cases the providers of service apartments have taken the premises for rent.  The service tax is on the landlord.

avater

Deepak Sugandhi (Chartered Accountant)     19 May 2008

Deepak Sugandhi
Chartered Accountant 
 2 likes  45 points

View Profile | My Other Post

How different is it from a Hotel or boarding? Service Apartment is type of a Hotel, hence deserves same treatment as a hotel.

rupal maheshwari (CA PRACTICE)     26 December 2008

rupal maheshwari
CA PRACTICE 
 23 points

View Profile | My Other Post

why we are not treated service appartments as a hotel

avater

Rajesh Kumar (Advocate- Tax)     30 December 2008

Rajesh Kumar
Advocate- Tax 
 278 likes  7680 points

View Profile | My Other Post

Service Tax is leviable on renting of immovable property for commercial or industrial purposes.

The Landlord has rented the property to the service apartment management company. This is renting of immovable property for commercial purposes- and hence the landlord is required to pay service tax.

The service aprtment managemnt company renting the rooms to its clients for residential purpose, and hence no service tax is payable at this stage.  

avater

Madhukar N Hiregange (Chartered Accountant)     31 December 2008

Madhukar N Hiregange
Chartered Accountant 
 1827 likes  37611 points

View Profile | My Other Post

My view is that since the property is to be used for accomodation it falls out of the defintion itslef and therefore there is a good reason for the landlord as well as the service apartment service providers NOt to charge the ST.

 

Warm Regards

Madhukar 

avater

CA. C V SURYAM (Practising Chartered Accountant)     19 January 2014

CA. C V SURYAM
Practising Chartered Accountant 
 16 likes  865 points

View Profile | My Other Post

Sir, what about the present scenario post 01/07/2012 in case of service apartments? The entire building is letted out by individual owner to a firm and in turn this firm uses these premises for letting out to individuals/corporates to use for boarding/residence purpose for themeselves or for thier employees respectively.  Next, what about food served/provided in these service apartments having air condition facility? Can I expect an early reply?

Pramod Dhaduti (CA-Final)     05 February 2014

Pramod Dhaduti
CA-Final 
 21 points

View Profile | My Other Post

Dear Sir,

Please share the ST Notification if any regarding ST on Service Appartment.
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  




Popular Discussion


view more »