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TMI BlogRenting of Immoveable Property by Religious TrustX X X X Extracts X X X X X X X X Extracts X X X X ..... To the best of my knowledge, Service tax has been made applicable on all services unless they are covered in the Negative list or they are specifically exempt under notification no. 25/2012-ST dated 20.06.12. Clause 4 of Exemption Notification no. 25/2012-ST dated 20.06.12. reads as under: 4. Services by an entity registered under section 12AA of the Income tax Act, 1961 (43 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961 ) by way of charitable activities; and for the purpose of Notification no. 25/2012-ST dated 20.06.12, Charitable activities has been defined to include: (k) charitable activities means activities relating to - (ii) advancement of religion or spirituality; In this regards I would like to know whether the services provided by an entity registered under section 12AA of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income tax Act, 1961 (43 of 1961 ) shall be by way of charitable activities or whether the proceeds of the services provided shall be used for charitable activities? For instance, can the above-mentioned Exemption Notification be interpreted to cover Renting of commercial property by an entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961 ) under leave and license ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agreement to a licensee being a business entity (being services provided by an entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961 ) and the licensee fees thereof being utilized for advancement of religion or spirituality? - Reply By JAMES PG - The Reply = If a registered entity under Sec 12AA is renting out commercial property to a business entity , it is a taxa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble service and it attracts Service Tax irrespective of the fact that the proceeds there from are used for charitable activities. - Reply By Aliasgar Tambawala - The Reply = Thanks Mr. James for your feedback. One further clarification reqd. According to your goodself, what could be the services intended to be covered by the Legislature to imply services by way of charitable activities espe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cially relating to advancement of religion or spirituality that clause 2(k) of the Mega Exemption Notification read with Entry at Serial no 4 of the Mega Exemption notification no. 25/2012 dated 20.6.2012 is referring to? - Reply By JAMES PG - The Reply = The term" advancement of religion or spirituality" is not defined in the Finance Act or in any of the Notifications. Hence we have to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refer to the dictionary meaning, which is given below: Advancement - encouragement of the progress or growth or acceptance of something Religion -belief in, worship of, or obedience to a supernatural power or powers considered to be divine or to have control of human destiny Spirituality -the state or quality of being dedicated to God, religion, or spiritual things or values, esp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecially as contrasted with material or temporal ones It can be briefed as "Encouragement of the belief in worship of powers considered to be divine or encouragement of dedication to God or religion or spirituality" Here it is pertinent to note the clarification given in Income Tax Act also with regard to the exemption towards advancement of objects for public utility so as to have a some c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... larity on this "As per clause (b) of section 96 advancement of any other object of general public utility shall not be a permitted welfare activity if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess, fee or any other consideration, irresp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ective of nature of use, application or retention, of the income from such activity" - Renting of Immoveable Property by Religious Trust - Query Started By: - Aliasgar Tambawala Dated:- 23-7-2012 Service Tax - Got 3 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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