2017 (4) TMI 952 - AT - Service Tax

Renting of immovable property service - case of Revenue is that though the accommodation is for residential purpose, ultimately such letting out improves the business or commerce of the appellant as well contractors, who took the accommodation on rent. Since the property is used for furtherance of business or commerce, the renting of immovable property service is liable to tax - Held that - the actual usage of the property for a particular purpose will decide the nature, either residential or used in furtherance of commerce or business . The nature of contracting parties or the occupation of the occupant has no relevance to decide the scope of the tax entry - Explanation-I to the tax entry explains the scope of the term, for use in course or furtherance of business or commerce . It includes use of space in an immovable property as factories, office, buildings, warehouses, theatres, exhibition halls and multiple use buildings. Admittedly, in the present case, the property has not been used for any one of these purposes - demand withheld - appeal allowed - decided in favor of appellant.

Summary

Issues:
Service tax liability on residential quarters rented to contractors for employee accommodation.

Analysis:
The case involved two appeals dealing with identical facts regarding the service tax liabilities of the appellants in Madhya Pradesh for renting out residential quarters to contractors. The Revenue argued that such renting falls under the category of "renting of immovable property service" and is liable to service tax as it improves the business or commerce of both parties. The appellant contended that the residential quarters were specifically let out for the contractors' employees and not used for business or commerce. They relied on statutory definitions to argue against the service tax liability.

The statutory provisions relevant to the case included Section 65(90a) and Section 65(105)(zzzz) of the Finance Act, 1994. The definitions clarified that renting of immovable property for business or commerce purposes is taxable. The Revenue's argument was based on the belief that letting out residential quarters to contractors enhanced business activities. However, the appellants argued that the property was not used for business or commerce, as explained in the statutory definitions.

After hearing both sides and examining the appeal records, the tribunal found that the residential quarters were rented out for the contractors' employees, but this did not automatically make it a business or commerce-related activity. The tribunal emphasized that the actual usage of the property determines its nature, whether residential or for business purposes. Merely because the occupants were involved in business or commerce did not justify imposing service tax on the residential property. Therefore, the tribunal concluded that the impugned orders upholding the tax liability were not legally valid and ruled in favor of the appellants, setting aside the tax liability and allowing the appeals with consequential relief.