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RECOVERY OF SERVICE TAX ON IMMOVABLE PROPERTY

satbir singhwahi

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.

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)
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Tarun Agarwalla on Aug 12, 2014
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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