I Am Registered in Service Tax , i used to get Rent from one of my immovable property. but now the tenant is not paying service tax because of stay on Rent from Immovable property. so i am not depositing Service Tax to Government.
Should i file Service tax Return of NIL or should i skip the Return.
if tenant is not paying service tax than you have to deposit it from your own pocket to government and file your service tax return otherwise you may have to pay penalty…
you have to assume that tenant paid rent inclusive service tax and than you can calculate service tax amount by making back calculation….
formula for reverse calculation is:-
suppose you get Rs. 50000 as rent, then the service tax element from the given amt. will be as follows:=
50000x10.3/110.3 = 4669 will be the service tax amt. including E.cess and SHE cess.
Regards.
Devendra K
yes, you have to pay service tax.
You have to pay servicetax treating rent collected by you is inclusive of service tax and file return. There is departmental clarification no. 334/1/2010- TRU dated 26.02.2010 in which definition of taxable service has been amended so as to provide that activity of renting of immovable property per se would also constitute a taxable service. Thus it is also a taxable service and you can rightly collect service tax from the tenant.
The stay on service tax on immovable prop is only by a court and does not find any santity in department..moreover the appeal of revenue is pending in higher appealte authority...so meanwhile you have to pay tax on ur rent by back calculation method..
IF YOUR RENTAL INCOME LESS THAN 10 LACS SO YOU INFORM THE TANENT YOU HAVE NOT COLLECT THE SERVICE TAX BECAUSE YOU HAVE NOT GOT THE SERVICE TAX REGISTRATION SO YOU SERVICE TAX AMOUNT REFUND THE TANENT.
As per Provisions related to Service Tax, any payments received in relation to services provided or to be provided shall be taken as inclusive of Service Tax..
It means payments which you have received are already inclusive of S.Tax.
You can not argue that you don't receive s.tax, so you will not deposit the same to government, it has to be deposited if service is taxable & out of receipts you have to deposit the same.
First of all... is ur Rent income more than Rs. 10,00,000/- (Rupees Ten Lakhs)??? Only then you are liable to collect service tax.
If it is more than Rs. 10Lakhs and you are not collecting/paying service tax, then all the above answers are relevant.
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