Sec 83 of Finance Act with sec 12A of Central Excise Act 1944 service tax is liability of the beneficiary subject to the condition where service provider accept the liability

Last updated: 25 July 2012

Court :
HIGH COURT OF DELHI

Brief :
The Petitioner Trust owns the premises at E-10, Block E, Inner Circle, Connaught Place, New Delhi (‘the premises’). The Petitioner leased out the said premises to the Respondent by a lease deed dated 25th April 2007. The lease was for an initial period of 60 months which was renewable at the sole option of the Respondent for a further period of 48 months on the same terms and conditions. For the initial period of 36 months the rent was fixed at Rs.19 lakhs per month. For the remaining 24 months, the rent was agreed to be enhanced at 20% to Rs.22,80,000. In the event of renewal, the rent payable for the initial period of 12 months out of the 48 months was to remain at Rs.22,80,000.

Citation :
RAGHUBIR SARAN CHARITABLE TRUST ..... Petitioner Through: Mr. Simran Mehta, Advocate Versus PUMA SPORTS INDIA PVT. LTD. ..... Respondent Through: Mr. Chinmoy Pradip Sharma and Mr. Sayan Ray, Advocates