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How much service tax can we avail on leased property?- Property Hotline
Posted
October 13, 2016
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151
October 13, 2016
151
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5:38Now PlayingExpert: Pannkaj Ghadiali, Managing Partner at PC Ghadiali and Company LLP.
Question: I am a senior citizen. I rented out a commercial property before the government introduced service tax. The lease deed said that any new taxes applicable will be paid by the landlord. After service, the tax has introduced the tenant refused to pay service tax. The tenant owes me money since I had to pay it. Tenants also filed a case for payment of service tax. Can I claim the service tax that I paid until now? I want to put a case against the tenants. The tenants occupied the society for 10 years. I was told that I can claim up to 3 years of the service tax that I paid. Can I file a criminal case against the tenants?
Answer: Your questions are very confusing and I am not able to fully understand the same. You have stated that the lease deed said that any new taxes will be paid by the landlord. Having said that, it is very clear that it was your liability to pay the service tax and there was no question of the tenant paying the service tax. For your tax purposes, you can take it that the amount of rent received by you is including service tax and for offering the income to tax, you can take the net figure as your income from rent. You can do so for the year for which the tax return is not filed. You can also revise your tax return for the last year.
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