2013 (12) TMI 1428 - AT - Service Tax

Waiver of pre-deposit - Service Tax liability - Renting out of immovable property - SSI exemption as granted by Notification No. 6/2005-S.T., dated 1-3-2005 and amended vide Notification No. 8/2008-S.T., dated 1-3-2008 - Held that - benefit of SSI exemption Notification No. 6/2005-S.T., dated 1-3-2005 as amended vide Notification No. 8/2008-S.T., dated 1-3-2008, grants the benefit of exemption of Service Tax per year, provided that the assessee has not crossed the threshold limit of rupees ten lakhs in the preceding financial year. In these cases, if 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. On perusal of the said notification, we find that 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. Prima facie, we find that the appellants have made out a case for waiver of pre-deposit of amounts involved - Stay granted.

Issues involved:
Service Tax liability on individuals renting out immovable property, interpretation of SSI exemption Notification No. 6/2005-S.T. and Notification No. 8/2008-S.T., consideration of collective amounts received by co-owners, assessment of Service Tax liability on individual co-owners.

Analysis:

Issue 1: Service Tax liability on individuals renting out immovable property
The case involved a common order-in-appeal regarding the waiver of pre-deposit of service tax liability, interest, and penalties under Sections 76, 77, and 78 of the Finance Act, 1994 for five individuals who collectively owned and rented out a property. The issue revolved around whether the individuals, as co-owners of the property, were liable for Service Tax on the renting out of immovable property.

Issue 2: Interpretation of SSI exemption Notification
The Chartered Accountant representing the appellants argued that the individuals, as co-owners, received rent individually within the threshold limit of the Small Scale Industries (SSI) exemption as per Notification No. 6/2005-S.T. amended by Notification No. 8/2008-S.T. The Revenue, however, contended that since the property was jointly owned and rented out collectively, Service Tax liability should be assessed on the total amount received by all co-owners.

Issue 3: Consideration of collective amounts received by co-owners
The Departmental Representative argued that the property being jointly owned and rented out constituted a service of renting out an immovable property, justifying the assessment of Service Tax on the total amount received collectively. However, the appellants claimed that they received rent individually for their share of the property, and thus, should be considered as individual service providers for the purpose of the SSI exemption.

Issue 4: Assessment of Service Tax liability on individual co-owners
After hearing both sides and examining the record, the Tribunal found that the SSI exemption Notification provided relief from Service Tax if the aggregate value of taxable services did not exceed the threshold limit. Considering that the appellants received rent individually and specified their arrangement in the rental agreement, the Tribunal concluded that each appellant could be considered as a separate service provider. Consequently, the Tribunal allowed the applications for waiver of pre-deposit and stayed recoveries until the appeals were disposed of.

This judgment clarifies the application of SSI exemption in cases where co-owners individually provide services, emphasizing the importance of specific arrangements and documentation to establish individual service provision for tax purposes.

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