TMI Blog2016 (4) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... premium is charged that is like charging of one time rent and then rebate is given for the yearly rent to be paid. Premium is also part of the lease money. Therefore, the entire transaction both premium and rent are amenable to service tax and service tax will have to be paid on the same. Petition dismissed - decided against petitioner. - W.P. (C) No. 220 of 2016 - - - Dated:- 7-4-2016 - Deepak Gupta, CJ and U.B. Saha, J. Shri D. Bhattacharji, Advocate, for the Petitioner. Shri P. Dutta and T. Debbarma, Advocates, for the Respondent. JUDGMENT [Judgment and Order (Oral)]. - By means of this petition, the petitioner has prayed for the issuance of a writ of certiorari to quash the communications dated 19-2-2016 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Khejurbagan, P.O. Kunjaban, Agartala-799006. Subject :- Land Premium Deposit-Regarding Dear Sir, Please refer to the letter TIDC/LEG/Service Tax/1/1632, dated 13-11-2015 on the above subject. The Renting of Immovable Property Service is a declared service under Section 66E(a) of the Finance Act, 1994 as amended. As per Section 65(90a) of the Finance Act, 1994 as amended Renting of Immovable Property includes renting, letting, leasing, licensing or other similar arrangements of immovable property for use in the course of furtherance of business or commerce but does not include - (i) renting of immovable property by a religious body or to a religious body; or (ii) renting of immovable property to an educational body ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /structure for furtherance of business or commerce is a taxable service under Finance Act, 1994 and liable for payment of service tax at the appropriate rate on the value of service . This is for favour of your information and necessary action please. Another letter was sent on 19-2-2016 and thereafter, the Tripura Industrial Development Corporation (TIDC) asked the petitioner to pay an amount of ₹ 2,47,200/- at the earliest and this letter is challenged before us. 4. We are not at all inclined to even issue notice in the writ petition. A perusal of Section 65(90a) and Section 65(105)(zzzz) of the Finance Act, 1994 as quoted in the letter dated 23-11-2015 clearly shows that Renting of Immovable Property Service includes ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
