Property related querry

Sandeep Didwania (Querist) 17 November 2011 This query is : Resolved
Dear Expert
If an immovable property belongs to three(3) persons, rented out under an agreement on Monthly Rent of 1,20,000 which is payable by the Tennant @ 40,000 to each owener.
Whether Service Tax is Exempted U/s 65(90A) AND 65(105)(ZZZZ) of the Finance Act?

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Sankaranarayanan (Expert) 17 November 2011
is the agreement been made three different ?
http://www.servicetax.gov.in/st-profiles/renting-imovablepropty.pdf

Sandeep Didwania (Querist) 17 November 2011
no common agreement

Rajeev Kumar (Expert) 17 November 2011
Then it will be not exempted

Devajyoti Barman (Expert) 17 November 2011
If it is in Delhi then you may be happy to know that the Delhi High Court very recently held service tax on rent as unconstitutional.

Raj Kumar Makkad (Expert) 18 November 2011
Barman! Judgment was not confined to Delhi only rather it was described illegal and unconstitutional for whole country so no service tax on rent is chargeable now.

Sandeep Didwania (Querist) 19 November 2011
thnx mr. barman & mr. makkad, can u give anything in support of your reply?

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