TaxTMI 
TaxTMI 
Clarification - renting of immovable property
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....larification - renting of immovable property<br> Query (Issue) Started By: - shyamal roychowdhury Dated:- 26-4-2009 Last Reply Date:- 27-4-2009 Service Tax<br>Got 2 Replies<br>Service Tax<br>RENT OF IMMOVABLE PROPERTY It is clear that rent of immovable property for furtherence of busineess is taxable ( before the Honble DELHI HIGH COURT JUDGEMENT . My issue is when the companies takes house /flat ....
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....on rent for /terming as GUEST HOUSE OF THE COMPANY & truly emplyoees who have come on tour & stay in the guest house or companies guest / or contractor for dicsussion stay in the guest house , weather this is termed FURTHERENCE OF BUSINESS OR THIS GUEST HOUSE WILL BE TREATED AS RESIDENTIAL UNIT NOT LIABLE TO SRVICE TAX . Reply By madhavvan: The Reply: The expression renting of immovable property ....
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....includes renting letting leasing licensing or other similar arrangements of immovable property for use in the course or furtherance of business or commerce but exludes renting of immovable property by a religious body or to a religious body or renting to na educational body other than commercial coaching centre hence guset house is covered under renting of immovable property since honble dhighco....
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....urt has ordered in favour of the assessee what action to be taken further is still a matter being debated upon since dept will appeal to supreme cort and then matter will be finally settled in law. Reply By Madhukar N Hiregange: The Reply: Assuming that the Delhi HC decision is not being consdered. The purpose of flat for employees is prely residential and there is no doubt the same is excluded. G....
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....uest house is excluded in the defintion. Therefore anyway no liability.<br> Discussion Forum - Knowledge Sharing ....