2012 (10) TMI 67 - AT - Service Tax

Waiver of pre-deposit Assessee individuals are co-owner of a particular building and have rented out the premises - Tenant issues different cheques to all the above individuals as they are co-owners - Amount received by the individuals would be within the threshold limit of SSI exemption N/No. 08/2008 Held that - As the cheques for rent are received individually by all the appellants, it was indicated in the agreement between the individuals for the purpose of renting out of premises to another person so as to make it specific that individually they are renting out the property to a person. As the said notification talks about the aggregate value of the taxable services rendered, should be considered for the purpose of exemption and in this case if individually all the appellants be considered as provider of such service, their aggregate value does not exceed the threshold limit. - Stay granted.

Summary

Issues:
Service tax liability on individuals providing renting out of immovable property services under SSI exemption.

Analysis:

Issue 1: Service Tax Liability on Individuals
The case involved the service tax liability of five individuals who rented out a property collectively. The appellants argued that they were co-owners of the property and received rent individually within the threshold limit of SSI exemption. The Revenue contended that the property was jointly owned and rented out, justifying the service tax liability on the collective amount received. The Tribunal examined the SSI exemption Notification No. 6/2005-ST and its amendment, which exempts service tax if the aggregate value of taxable services does not exceed a specified limit. The Tribunal noted that if the appellants were considered as individual service providers based on the rental agreement, their aggregate value did not surpass the threshold, qualifying for the exemption.

Issue 2: Arguments of the Parties
The appellants' advocate emphasized that each individual received rent within the exemption limit as per the agreement, while the Revenue argued that the property was jointly owned and rented out collectively, justifying the service tax liability on the total amount received. The Tribunal considered both arguments and assessed the applicability of the SSI exemption criteria to the individual appellants' rental transactions.

Issue 3: Tribunal's Decision
After evaluating the submissions, the Tribunal found that the appellants met the conditions for SSI exemption as per the relevant notifications. The Tribunal observed that the appellants, by receiving rent individually as specified in the agreement, did not exceed the threshold limit for service tax liability. Consequently, the Tribunal granted the waiver of pre-deposit of the amounts involved and stayed the recoveries until the appeals were disposed of, indicating a prima facie case in favor of the appellants.

In conclusion, the Tribunal's judgment centered on the interpretation of the SSI exemption provisions in relation to the individual rental transactions of the appellants, ultimately leading to a decision in their favor for waiver of pre-deposit and stay on recoveries pending appeal disposal.