2014 (8) TMI 588 - AT - Service Tax

Tribunal exempts appellants from pre-deposit in Service Tax case on property rentals

The Tribunal granted the waiver of pre-deposit amounts to the appellants in a case concerning Service Tax liability on individuals collectively owning and ... Waiver of pre-deposit of amount of Service Tax liability - renting out of immovable property - Held that:- Benefit of SSI exemption Notification No. 6/2005-S.T., dated 1-3-2005 as amended vide Notification No. 8/2008-S.T., dated 1-3-2008, grants the benefit of exemption of Service Tax per year, provided that the assessee has not crossed the threshold limit of rupees ten lakhs in the preceding financial year. In these cases, if the cheques for rent are received individually by all the appellants, it was indicated in the agreement between the individuals for the purpose of renting out of premises to another person so as to make it specific that individually they are renting out the property to a person. On perusal of the said notification, we find that the said notification talks about the aggregate value of the taxable services rendered, should be considered for the purpose of exemption and in this case if individually all the appellants be considered as provider of such service, their aggregate value does not exceed the threshold limit. Prima facie, we find that the appellants have made out a case for waiver of pre-deposit of amounts involved - Stay granted. Issues Involved:Service Tax liability on individuals as providers of service under renting out of immovable property.Analysis:The case involved a dispute regarding the Service Tax liability of individuals who collectively owned a building and rented it out. The appellants argued that the amounts received individually by each co-owner fell within the threshold limit for exemption as per Notification No. 6/2005-S.T., dated 1-3-2005, and its amendment. They contended that the Revenue wrongly considered the amounts collectively, seeking to charge Service Tax on each individual separately. On the contrary, the department argued that since the property was jointly owned and rented out, the Service Tax liability should be assessed based on the collective amounts received by the co-owners. The Tribunal examined the SSI exemption notification and found that if the cheques for rent were received individually by each appellant, indicating in the agreement that they were renting out the property individually, then they could be considered as individual service providers. The Tribunal concluded that the aggregate value of taxable services rendered by all appellants did not exceed the threshold limit, thus justifying a waiver of the pre-deposit amounts.The Tribunal considered the submissions from both sides and interpreted the SSI exemption notification to determine the liability of the appellants. It was crucial for the appellants to establish that they were individually providing the renting service to qualify for the exemption. The Tribunal emphasized that the agreement and the method of receiving rent individually were significant factors in deciding the applicability of the exemption. By analyzing the notification's language and the appellants' arrangement, the Tribunal concluded that the appellants had met the criteria for exemption and granted the waiver of pre-deposit amounts. The decision highlighted the importance of individual ownership and specific arrangements in determining Service Tax liability under renting out of immovable property services.In conclusion, the Tribunal allowed the applications for waiver of pre-deposit amounts and stayed the recoveries until the appeals were disposed of. The judgment underscored the need for clarity in ownership arrangements and individual service provision to avail exemptions under the relevant notifications. The analysis focused on the specific facts of the case, the interpretation of the exemption notification, and the implications of individual ownership on Service Tax liability in renting out immovable property services.