Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2017 (4) TMI 1225

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . Rep. by Shri Ranjan Khanna, DR for the respondent. Per S.K. Mohanty: The issue involved in both the appeals are identical and thus, the same are taken for hearing together and a common order is being assed. The brief facts of the case are that during the disputed period, the appellants had received income from "renting of immovable property" services for providing land/structure, plant and ma .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and are under the BIFR. Thus, the appellant submits that since the contract is a composite contract and the same is not exclusively meant for renting of the property alone, service tax cannot be levied on the services provided by the appellant. 3. Ld. AR appearing for the Revenue, on the other hand, submits that as per the terms of the contract, the compensation is given as consideration given by .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ty of the service tax on such services. The relevant portion of the said order is extracted below:- "From above there is little doubt that property in question which is a factory and which has been rented out, along with its office plant and machinery, for commercial purposes are squarely covered under the definition of 'renting of immovable property' as has been defined under Section 65(90a) of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... found that the ld. Commissioner (Appeals) has taken note of the contents in the contract and thereafter, arrived at the conclusion that the services provided as per the contract fall under the taxable category of "renting of immovable property", on which service tax is leviable. Thus, so far as the merits of the case are concerned, we do not find any infirmity in the impugned order passed by the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates