Tribunal rules parking income taxable under Renting of Immovable Property Services

The Tribunal ruled in favor of the Revenue, holding that income from providing parking space to shop owners in the mall is taxable under Renting of Immovable Property Services. Additionally, the Tribunal found that Cenvat Credit on loan processing charges for constructing the mall is not permissible. The applicant was directed to make specified deposits to avail waiver of pre-deposit and stay of recovery of the balance dues pending the appeal's disposal.

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Issues:
1. Whether the income from providing parking space is taxable under Renting of Immovable Property Services.
2. Whether Cenvat Credit on loan processing charges for constructing a mall is permissible.

Issue 1:
The case involves M/s. Select Infrastructure Private Ltd. seeking waiver of pre-deposit and stay of recovery of service tax and penalties imposed under the Finance Act, 1994. The primary contention is whether the income received from providing parking space is taxable under Renting of Immovable Property Services. The Revenue argued that the parking income earned by the applicant from renting parking space to customers is taxable. The Tribunal analyzed the definition of taxable service during the relevant periods and found that income from parking space provided to shop owners in the mall is liable to service tax. The Tribunal directed the applicant to deposit the service tax on parking income from shop owners for the specified period along with interest as pre-deposit.

Issue 2:
Regarding the Cenvat Credit availed on loan processing charges for constructing the mall, the Tribunal found that the credit on processing charges of the loan taken for constructing immovable property is not prima facie available. The applicant was directed to deposit the Cenvat Credit amount and the service tax on parking income from shop owners within a specified period to avail waiver of pre-deposit and stay of recovery of the remaining dues until the appeal's disposal.

In conclusion, the Tribunal ruled in favor of the Revenue's position that the income from providing parking space to shop owners in the mall is taxable under Renting of Immovable Property Services. Additionally, the Tribunal held that the Cenvat Credit on loan processing charges for constructing the mall is not permissible. The applicant was directed to make specified deposits to avail waiver of pre-deposit and stay of recovery of the balance dues pending the appeal's disposal.

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