Taxable services provided

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There is an assessee who is proprietor of a marriage garden and that garden is registered under service tax and depsiting service tax under mandap keeper services but he has another property also which he has given on rent. Will it be also liable for service tax  on renting out that property which is totally separate from marriage garden?  

Replies (14)

Can u tell which is that property ??? I mean is it also a marriage garden or flat or what????

another property is banglow which is totally different from that of marriage garden

 

Banglow used for residential purpose is not taxable. But taxable if used for commercial purpose.

Ok so as that bunglow has been given on rent , it wil be taxable under the head house property.........No need to take any Service tax registration for that......

if a property(banglow) is used for residential purpose one of d(property) house,flat or banglow is not taxable but if it is rented then it is taxable  under d head of "income frm house property"for dat relevant assessment year if it is rented for 300 days or more....as time aspect is also important to know where it should b headed.....    

dear rachna,

If a property(banglow) is used for residential purpose one of d(property) house,flat or banglow is not taxable but if it is rented then it is taxable  under d head of "income frm house property"for dat relevant assessment year if it is rented for 300 days or more....as time aspect is also important to know where it should b headed.....    

thanks

if other property is not a banglow but shops given on rent and rental income is taken in computation as income from house property. Will it be taxable under service tax ?  

Yes rental from shops is liable to service tax . Basic exemption of Rs.10L is available.

if rental income is below 10 lacs but income of marriage garden of which he is proprietor is more than 10 lacs which is registered  under service tax in the name of marriage garden then will he get bacic exemption on rental income

please reply its urgent

 

Only one basic exemption of Rs.10L is available to the proprietor. Commercial rent and marriage garden rent will be aggregated for the exemption of Rs.10L.

No. For the basic exemption of Rs.10L, both commercial rent and marriage garden rent will be aggregated.

Rachna,

Please refer to Point No.2 (vii) of Notification No.6/2005-ST dated 01.03.2005, containing provisions relating to small service providers. The notification was last amended vide Notification No. 8/2008-ST, where basic exemption limit was increased to Rs.10 lacs. The Point No.2(vii) is as follows:

"2. The exemption contained in this notification shall apply subject to the following conditions, namely:-

(vii) where a taxable service provider provides one or more taxable services from one or more premises, the exemption under this notification shall apply to the aggregate value of all such taxable services and from all such premises and not separately for each premises or each services;"

Hence for the purpose of calculation of basic exemption, aggregate value of all taxable services, provided from all premises belongng to the assessee, shall be considered.

Hope this clarifies your doubt. The notification is attached below for ready reference.

No. Both commercial rent and marriage garden rent will be aggregated for the limit of Rs.10L


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