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Can I file criminal case against tenants over service tax dues? - Property Hotline
Posted
January 19, 2017
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47
January 19, 2017
47
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2:54Now PlayingExpert: Samir Kanabar, EY LLP
Question: Before service tax was introduced, I rented out a commercial property. The lease deed signed said any new taxes applicable will be paid by the landlord. After the introduction of service tax, the tenants who have been occupying the society for over 10 years refused to pay the tax and filed a case for the same. I was told that I can claim upto 3 years of service tax which I have been paying. I wanted to know if I can file a criminal case against the tenants.
Answer: Under service tax law, the liability to discharge service tax is on the landlord, I would say you have no choice but to pay it timely. This being a matter of commercial consideration between the two parties, the agreement in your case seems to suggest that you have agreed to pay it unless there was any change of clause in the agreement. I would suggest you to hunt for any change in clause in the agreement, if not, I am not sure if it’s even a legal issue.
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