TMI Blog2010 (12) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... ve the legislative competence in this field as it basically pertains to List II of the Seventh Schedule of the Constitution of India. Quite apart from above, various averments have been made in the writ petitions stating, inter alia, that Section 65(105)(zzzz) of the Act cannot really cover mere renting of immovable property in the net of service tax. It is averred that in the earlier definition of the said provision words used in relation of renting of immovable property were 'for use in the course or furtherance of business or commerce' and the present provision has only made a different kind of contour but by such an amendment, it cannot be held that mere renting of immovable property without any kind of rider would tantamount to servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per its context. Sometimes,'in relation to' would include the subject matter following it and on other occasions it would not. As in the case of the service of dry cleaning, the expression 'in relation to dry cleaning' also has reference to the very service of dry cleaning. On the other hand, the service referred to in Section 65(105)(v), which refers to a service provided by a real estate agent 'in relation to real estate', does not, obviously, include the subject matter as a service. This is so because real estate by itself cannot by any stretch of imagination be regarded as a service. Going back to the structured sentence, i.e.- service provided or to be provided to 'A' by 'B' in relation to 'C', it is obvious that 'C' can either be a se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value addition and, therefore, cannot be regarded as a service. Of course, if there is some other service, such as air conditioning service provided alongwith the renting of immovable property, then it would fall within Section 65(105)(zzzz)." Relying upon the aforesaid paragraphs, it is submitted by Mr. Salve that in the said decision it has been clearly held by the Division Bench that the renting of the immovable property for use in course or furtherance of business or commerce by itself does not entail any value addition and, therefore, cannot be regarded as service. Mr. Salve would submit that when such a conclusion has been arrived at while interpreting the concept of service tax in respect of letting simplicitor, by amending the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10 (Union of India Ors. Vs. Home Solutions Retails India Ors.) before the Apex Court, wherein their Lordships have passed the following order:- "Counsel appearing for the parties agree that they would make all efforts for getting the writ petition, pending in the High Court, disposed of on the next date and therefore, no order is required to be passed on this, for the present. We request the High Court to dispose of the writ petition itself since an interim order is passed, which according to the petitioners, is creating prejudice to their interest. Re-notify in the second week of January, 2011." In the course of hearing, learned counsel for the parties fairly stated that they will bring it to the notice of their Lordships of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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