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Delhi HC grants stay to Home Solution Retail (I) Ltd in respect of service tax on renting of immovable property
Case Law Details
- Case Name
- Home Solutions Retails Ltd. & Others (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Delhi High Court has again granted stay to Home Solution Retail (I) Ltd. in W.P. (C) No. 3398 of 2010 on 18.05.2010 from payment of service tax on renting of immovable property. The stay is not on services in relation to renting but on renting per se.
Copy of Stay Order can be downloaded from the following Link:-
Download Stay Order in the case of Home Solution Retail (I) Ltd.
Relevant Text of the Decision is as Follows:-
HIGH COURT OF DELHI
Home Solutions Retails Ltd. & Others
Vs
UOI
W. P. (C) 3398/2010
May 18, 2010
FACTS
In this writ petition there is a challenge to...
And this Jajia Kar ( forceful taxation) is later shared among politician/burocrat/contractor/in various Plan outlays.
Dear friends,
DELHI HIGH COURT STAY (SERVICE TAX ISSUE)
First para reveals that Issue relates to immovable property which was struck down by Delhi High court on 18.04.2009. How and why Service tax was levied despite court dictum ? Is it some thing other than that under cover of Tangible or In-tangible supply of goods and service which has a very wide scope? Any way what-ever It is like immovable property, movable property renting which includes plant and machinery (Heavy)should also get complete immunity from Service tax net.In some cases like this, It appears that It is like JAJIA KAR ( Imposed by Mugal King Auranjeb).
In larger public interest, It would be in fitness of things and just and proper too to exclude renting of Movable or immovable property from service tax net taken in any form such as tangible or intangible goods service. These small measures will help in curbing and controlling PRICE HIKE and bring a big respite for property owners which are investing in real estate and plant and machinery for industrial and commercial usage. On one hand Govt. allows Depreciation and on other hand collecting service tax which is detrimental to the interest of assessee/investor. All these notifications ought to be rescinded at the soonest for which joint efforts to be made.P M O will surely assist if represented properly by the expert elaborating pros and cons of the issue.
Regards
AK Bhargava, Katni