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Issue ID: 107130
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RECOVERY OF SERVICE TAX ON IMMOVABLE PROPERTY

Date 06 Aug 2014
Replies 1 Reply
Views 982 Views
Recoverability of service tax depends on contractual rent terms; parties may reallocate tax obligations by mutual agreement.
Recoverability of service tax depends on the terms of the contract in the rent agreement; if the lease makes the tenant liable the landlord may recover the tax, and the parties may alter that allocation by mutual agreement. (AI Summary)

GODOWNS ARE LET OUT TO STATE WAREHOUSING CORPORATION. SERVICE TAX IS PAID BY US . . NOW CAN THIS SERVICE TAX BE RECOVERED FROM STATE WAREHOUSING CORPORATION , AS THEY ARE REFUSING TO PAY.

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Replied on Aug 12, 2014
1. Dear sirRecovery of any amount wether tax or towards any other matters, the terms of contract is vey relevant . Hence the recoverability is service tax is fully dependent on the terms of contact in the rent agreement. The same can be altered at any time mutually if required.ThanksTarun
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