Service Tax

Hemant Joshi (Querist) 02 May 2009 This query is : Resolved
As per the recent Delhi High Court decision, the service tax is not to be charged on the 'Rent'of commercial/redidential properties.But the department is silent and alos there is no notification for the cancellation of such service tax.
Please advise whether charging the service tax on rent should to be continued or not?

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A V Vishal (Expert) 02 May 2009
Dear Joshi,

Regarding your query, only the Delhi H C has said that S T on rent on Immovable property is not correct. Different High Courts in the couintry may take different view. The Judgement is open to appeal in S C since substantial question of law is involved. So as on date the Department can collect the ST on the said service.

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