CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
M. Ajit Kumar, Member (Technical), Ajayan T.V., Member (Judicial)
Naresh Gopaldas Lund and Eight Others – Appellant
Versus
Commissioner of GST & Central Excise – Respondent
| Table of Content |
|---|
| 1. issues regarding service tax liability of co-owners renting property. (Para 1 , 2) |
| 2. arguments for individual vs collective service tax liability. (Para 7) |
| 3. legal interpretation of association of persons in context of property. (Para 8 , 14) |
| 4. importance of intent in defining tax obligations. (Para 10 , 12 , 13) |
| 5. final determination of individual assessment rights. (Para 16) |
Per M. Ajit Kumar,
These appeals are filed by the appellants against the orders passed by the Ld. Commissioner (Appeals).
2. The issue in these appeals being common, though they were heard separately, a common order is being passed.
2.1 The appellants herein have rented out their properties / premises for commercial purposes to various lessees as per the lease agreements and have provided taxable service under ‘Renting of Immovable Property Service’ as per section 65(105)(zzzz) of the Finance Act, 1994 read with Section 65 (90a) of the Act and the provisions of (B)(41). The appellants have paid Service Tax under the category of ‘Renting of Immovable Property Service’ in their individual capacities as per their share in the properties whenever the threshold limit for exemption has been exceed
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