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Service Tax - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

CESTAT determined that premium/salami payments for property ...


Premium Payments for Property Possession Rights Qualify as Taxable Service Under Section 65(105)(zzzz) and 66B

February 7, 2025

Case Laws     Service Tax     AT

CESTAT determined that premium/salami payments for property possession constitute taxable consideration under 'renting of immovable property' service. The Tribunal held that premium represents payment for transfer of property enjoyment rights and falls within service tax scope under Finance Act provisions. For periods before 01.07.2012, such payments are taxable under Section 65(105)(zzzz), and post 01.07.2012 under Section 66B. The Tribunal rejected appellant's contention that premium payments qualify for exclusion under Section 65B(44), noting that declared services cannot simultaneously be excluded from taxation. Matter remanded to Division Benches for merit-based adjudication.

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