Filing of Service Tax Return

[Dhiraj Rameshlal Tharwani]

My client has given office building on rental basis since 2006 to various corporate entities. The service tax registration was taken in jan-2009, but till now he has not filed any return. He has not collected any amount by way of service tax. pls guide on the above matter. Thanks Dhiraj R. Tharwani

[kishore kumar choudhury]

Hello Sir, -As per the information given it is implied that this assesee is not a assesee for Service Tax upto Dec.09. -than What is the amount collected after Dec. he has to collect ST. -this person has not collected ST,than what is the amount has been collected by the person will be taken as the amount is including ST. -if the person has collected rent Rs.11200,than ST payable will be calculated as follows. 12/112*11200=1200 -be carefull u might making mistake in the rate of ST,so u have to apply the rates applicable at the time of collection. -and interest has to be paid as per sec-234A ,234B,& 234C if u have not clarified than mail to [email protected] Thank Q.

[Surender Gupta]

Levy of service tax on renting of immovable property is once again under dilemma since central government has made retrospective amendment and high court of Delhi has granted stay to the party in one case. Therefore, it is advisable that in the present scenario, you may choose to wait and watch the developments that may happen in future.

AI Summary

Service tax on renting of immovable property remains uncertain; taxpayers should await legal developments before enforcing collection. Taxpayer registered for service tax in January 2009 but did not file returns or collect tax. Liability for renting immovable property arises only for amounts received after the applicable commencement date; amounts not separately collected may be treated as inclusive and grossed up using the correct rate. Interest under sections 234A, 234B and 234C applies for delayed payment. Because of retrospective amendment and a judicial stay creating uncertainty, it is prudent to await further developments before enforcing collection or retrospective regularisation.