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Renting of immovable property., Service Tax

Issue Id: - 111081
Dated: 29-10-2016
By:- MANASH MUKHERJEE

Renting of immovable property.


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Dear Sir ,

A party received refundable security deposit in addition to monthly rental . Wheather the amout received as refundable security deposit is chargeable to Service tax or is exempted?

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Showing Replies 1 to 3 of 3 Records

Page: 1


1 Dated: 30-10-2016
By:- Rajagopalan Ranganathan

Sir,

As per para2.2.8 (5) of Guidance Note 2 of Annexure A of D. O. F. No 334/1/2012-TRU,dated 16th March, 2012 (Education Guide issued by CBEC) "Returnable deposit is in the nature of security and hence do not represent consideration for service.


2 Dated: 30-10-2016
By:- Ganeshan Kalyani

I agree with the views of Sri Rajagopalan Sir. but if that deposit is adjusted against the service then it would tantamount to consideration for service and liable to service tax. Thanks .


3 Dated: 1-11-2016
By:- MARIAPPAN GOVINDARAJAN

Deposit is only for security and not for consideration for the service provided or to be provided. Therefore it is not liable to service tax.


Page: 1

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