Service tax applicability on proportionate amount, Service Tax

[puneet]

x & y are the owners of property 'Z'. They let out property 'Z' on rent to a company. rent agreement includes maintenence of lift, common area & common lightning ,power back up,security services etc.Further as per rent agreement rent @40000/= per month is charged (incl.maintenence & other services).But on the company letter's head company has indicated to x & y (after rent agreement) that it is paying 30000/= as rent and balance 10000/= as maintenence charges.query is service tax is payable on what amount n why.

Posts / Replies

[Surender Gupta]

There is no service tax on rent received from letting out of a propery. If the maintenance and repair charges are inclusive in the rent there is no scope for biburcate the rent on notional ground. However, in the prensent case, charges for maintenance and repair is saperately available, it would be liable to service tax.