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Vineet (Director)     26 February 2010

Govt negates Delhi HC decicon on Service tax

The Finance Bill presented on 26th Feb, 2010 seeks to negate Delhi Court Decicion on Service Tax on Renting of Immovable Properties.

The scope of services have been modified with retrospcetive effect as  “to any person, by any other person, by renting of immovable property or any other service in relation to such renting, for use in the course of or, for furtherance of, business or commerce.”;   

 

Thus by including words BY RENTING OF IMMOVABLE PROPERTY, the entire decision of Delhi High Court has been made redundant has now the the tax is no more on service in relation to renting of immovable property but also on the core activity of renting of immovable property.

 

the ammendment is with retrospective effect from 1-6-2007.



Learning

 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     26 February 2010

Mr. Vineet,

Thanks for the update. Does it mean that the service tax deduction by the payee (lessee) has to take into account prior rents paid without service tax, based on Delhi HC Ruling. OR the onus is on the lessor to account for and pay to the service tax authorities! would appreciate clarification

vasudevan

Vineet (Director)     02 March 2010

Dear Vasudevan Ji

 

Service tax liability is of service provider, hence the lessee is under no obligation to deduct any service tax. The Lessor may in turn recover the service tax from lessee in addition to the lease rent if the terms of agreement so provide.

 

As the amendement is with retrospective effect, the lessor has to pay service tax on lease rentals for the entire period not earlier than 1-6-2007.


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