Service tax Payable if property leased out against a Lumsum

Queries 1094 views 4 replies

I have a doubt as how to calculate the service tax on the below issue.

We intend to leaseout our property for commercial purposes against a re-fundable deposit amount of rs.5.00 Crore.

I will not be getting any monthly rent out of the above deal.

The lease period would be for 5 years and at the expiry of the 5 years i will have to return the entire Rs.5.00 crore back to the clinet.

In the above, case how to arrive on the quantum of service tax payable

Pls clarify

Regards

Karthik

 

 

 

 

 

 

Replies (4)

Interest earned on the deposit is in effect rent of the property.

law is not clear as to what interest rate should be taken. Take PLR of some bank, say State bank for interest rate.

It depends on how the contract/agreement is built up, if agreement says that deposit is interest free and refundable at the end of the period then interest will not be considered as consideration for rent.

Otherwise the rental can be considered on prevailing market rate for rental in vicinity.

An alterante view is that if the transaction is a transaction of mortgage the question of liability may not be there.

If considered taxable the rate of borrowing for that person maybe considered as in case of advance for supplies having a nexus to the value of manufactured goods. This apsect would get litgated and unitl then a reasonable method could be followed.

If some method followed intimation to dept maybe preferable to avoid penal consequence as well as longer period invocation.

Madhukar is right, in fact has given a new perspective. Why to call this agreement a lease agreement? In substance it is a mortgage agreement. It should be worded in that manner and there will be no service tax liability. Thanks madhukar for a new perspectice you have given.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details