Applicability of Judgement

[madhavvan n]

No Service Tax On Renting Premises For Business: Delhi HC The Delhi High Court on Saturday struck down the levy of service tax on renting of immovable property as 'unconstitutional', while disposing of 26 writ petitions filed by different petitioners, by a combined order. Alishan Naqvee, advocate, LexCounsel Law Offices, who represented his clients in two of the petitions, which was disposed of on Saturday, said, 'The category of 'renting of immovable property service' was introduced by the Finance Act of 2007. what are the implications of above judgement whether it is applicable all over india and can all service providers stop charging service tax on rental of immovable property for business purposes pls highlight

[Madhukar N Hiregange]

The questions now are: 1) Whether the tenants will pay after the news hits the newspapers 2) What about the landlord who collected and paid, would the tenants ask for the refund? 3) Whether the lanodlord who have paid out of their poclets ( not reimbursed by tenants) go for refund? 4) Whether the revenue would appeal to the SC? 5) How long would the refund take. For exporters of services, the application of 2006 are still pending!!! - 3 years over and no hope in site So much of avoidable inconvenience and cost for the tax payer all due to due care not being taken at the point of the law being implemented.

[Guest]

Another issues are to be addressed like applicability of this order on the other parts of the country. Since the service tax is Union government tax. Department can not take stand that no service tax in one state and yes service tax in another state. I think these are the problems of transitional phase and would be solved when honorable supreme court deliver the final verdict.

[Guest]

The Delhi High court reportedly, granted interim reliefs to the service provider of renting of immovable property from payment of service tax until final disposal of their matters, Now, The government has 90 days to file an appeal against the order of the High Court, Till the time we have to wait & watch, to come up the final order. The supreme court, may be granted restrospective effect or on the date of amendment will be considered. On that basis we can take applicable steps as compliace to the final order.

[pallavi gupta]

after the recent judgement of high court of delhi it is clear the Sr tax is not applicable on the rental income but for my own quiry dose the letting out space to any oil company on rent will such lessee is entitle to give sr tax to the lessor ,if ever in future it is applicable. pls let me know

AI Summary

Service tax on renting immovable property declared unconstitutional, creating uncertainty on collection, refunds and nationwide applicability. The levy of service tax on the renting of immovable property service was held unconstitutional and petitioners received interim protection from payment pending final adjudication. The decision prompts practical questions on liability and refunds-whether tenants must pay, whether landlords who collected and paid must refund tenants, and whether landlords who paid from their own funds may seek reimbursement-while also creating uncertainty about nationwide applicability and the revenue's potential appeal.