Service tax on parking

[Guest]

R/ Sir As per amendment in last financial year regarding levy of service tax on Renting of immovabale property. In this context whether service tax leviable on parking:- 1. If parking space( slot) is in basement of building nad given on monthly rent by a commercial company ( like trade towers , malls)i.e exclusive for the use of tenent and their visitor incl. public ? 2. If parking space is for parking of general public on hourly basis ? Whether your answer will vary in the context of proposed changes in this budget? Kindly guide me ? Thanks MAnoj

[Guest]

I am of the view if parking space is a vacant land/space utilised for parking alone then exclusion is applicable. If the space is part of building and let out along with building premises or used for parking of visitor of the existing business premises, then the amount received would be subject to service tax.

[Madhukar N Hiregange]

I think that only vacant land given for parking is not liable. Covered parking in all cases wouldbe liable assuming that renting of immovable property itslef is constitutionally valid.

AI Summary

Service tax on parking: covered or building integrated parking treated as taxable while vacant land parking may be excluded. Levy of Service tax on parking depends on the parking's character: vacant land or independent open parking is treated as excluded from the Renting of Immovable Property service, whereas parking that is part of a building complex, covered parking, or let with commercial premises for tenants and visitors is treated as integral to the immovable property service and taxable.