Dear Sir,
we have given our office premises on rent in FY 2013-14 to till date but unfortunately not charged service tax on rent.
In FY 2016-17 we have noticed the same and paid the service tax liability with interest and penalty as per law.
My question is can we claim service tax pertaining to FY 2013-14 to till date now fm the tenant? Is it any notification for the same?
Please help me.
Thanks & regards
Vinay
Landlord Can Recover Unpaid Service Tax from Tenant if Rent Agreement Excludes Tax, Citing Rule 9 Cenvat Credit Rules. A landlord, who rented out office premises from FY 2013-14, realized in FY 2016-17 that service tax was not charged to the tenant. After paying the service tax liability with interest and penalty, the landlord inquired if the tax could be claimed from the tenant. The response indicated that the ability to claim depends on the rental agreement terms. Since the agreement specified rent as exclusive of service tax, the landlord can issue a supplementary invoice to collect the tax. However, the tenant requested notification or circular proof for this claim, and the discussion referenced Rule 9 of the Cenvat Credit Rules, 2004. (AI Summary)
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