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No service tax on renting premises for business: HC

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..... No service tax on renting premises for business: HC
News and Press Release
Dated:- 21-4-2009

Companies cannot be subjected to service tax for renting premises to run their businesses, th .....

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..... e Delhi High Court has ruled while disposing of petitions filed by some retailers against a government directive. The court struck down Centre's notification, by which renting of immovable property .....

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..... for use in the course of business was brought within the ambit of service tax. "We hold that law does not in terms entail that renting out of immovable property for use in the course of furtherance .....

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..... of business or commerce would by itself constitute a taxable service and be eligible to service tax," Justice B D Ahmed said. The court passed the order on a number of petitions filed by corporate h .....

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..... ouses in retails sector, including Shopper's Stop, Lifestyle International and Fun Multiplex, challenging Finance Ministry's notification issued in 2007 by which rent was made taxable. "The interpre .....

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..... tation placed by the impugned notification and circular on the said provision is not correct. Consequently, the same is ultra vires the said Act and to the extent that they authorised the levy of se .....

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..... rvice tax on renting of immovable property per se, they are set aside," the court said. HOME SOLUTION RETAIL INDIA LTD. Versus UOI & ORS. 2009 -TMI - 33136 - DELHI HIGH COURT
News - Press releas .....

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..... e - PIB .....

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