Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Miscellaneous deposits and book-entry adjustments not taxable as consideration for renting property; demand and penalties quashed

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CESTAT allowed the appeal and set aside the impugned order-in-appeal. It held that amounts reflected as miscellaneous income, book-entry adjustments and deposits (including tenant security deposits and sums held for utilities or damages) do not constitute consideration for the service of renting immovable property and therefore are not exigible to service tax; the departmental demand and associated penalties are unsustainable. The Tribunal further held the extended limitation period inapplicable because taxability was an interpretative issue resolved only by later judicial pronouncement and retrospective legislative amendment; consequential relief under the applicable statutory relief provision was accorded to the appellant.....