Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/Case Law/2020-2021/3633

Whether threshold determinable separately on jointly owned property?

P. DHANALAKSHMI VERSUS COMMR. OF GST & C. EX., TIRUCHIRAPPALLI 2020 (33) G.S.T.L. 225 (TRI. – CHENNAI)
 
ISSUE: - Whether threshold determinable separately on jointly owned property?
BRIEF FACTS: -The brief facts are that the appellant is providing taxable services under the category of ‘Renting of Immovable Property Services’. A show cause notice was issued proposing to demand the short paid service tax along with interest and also for imposing penalties. After due process of law, the Original Authority vide Order-in-Original dated 14-3-2014 confirmed the demand of Rs. 24,23,798/- along with interest and also imposed penalties. In appeal, the Commissioner (Appeals) vide impugned order dated 11-9-2014 upheld the same. Hence, this appeal.
 
APPELLANT’S CONTENTIONS:- The learned advocate appearing for the appellant has contended that the appellant is the co-owner of the complex called “Lakkshmi Arcade” along with her husband Shri M.S. Paramasivam. The property is situated in Survey Nos. T.S. No. 65, bearing postal address of Plot No. A/10, Door No. 18, 11th Cross Main Door, Thillai Nagar, Tiruchirappalli - 620 018. The property was purchased by her along with her husband Shri M.S. Paramasivam vide sale deed No. 609/1992, dated 29-1-1992. From the date of the above purchase, the appellant and her husband have been in absolute possession and enjoyment of the scheduled property as joint owners. She along with her husband constructed the commercial complex which is now known as “Lakkshmi Arcade”. Even now, the said complex is in the name of both Smt. P. Dhanalakshmi (the appellant herein) and her husband Shri M.S. Paramasivam.
 
She along with her husband entered into lease agreements with various tenants for renting the said premises and they have collected rental charges equally. In all the agreements, the terms of payment of rent are equal between the appellant and her husband Shri M.S. Paramasivam. For the sake of convenience, her husband executed a Power-of-Attorney in her favour for execution of the lease deed. Based on such Power-of-Attorney, the appellant has entered into agreements with some of the tenants in her individual name, instead of jointly with herself and her husband. However, in all these cases, the rent is shared equally by both of them, which is evident from the lease agreements as well as the computation of income shown in their income-tax returns. She therefore submitted that the demand of service tax by the Department alleging that the property is owned solely by the appellant alone is incorrect and illegal.
If the rental income is shared between the appellant and her husband, the amount would be much below the threshold limit and the appellant would not be liable to pay service tax. It is argued by her that it is the settled position of law that the rent received by each co-owner has to be considered separately for the purpose of quantification of service tax.
 
RESPONDENT’S CONTENTIONS: -The departmental representative submitted that as per the land revenue records, the property is in the absolute ownership of the appellant only. Further, several lease agreements have been entered into with the tenants by the appellant only. In view of the above, it is very much clear that the liability to pay service tax on the rental income received from “Lakkshmi Arcade” vests with the appellant alone. Therefore, the demand of service tax on the appellant, who is the legal owner of the property, is correct and proper.
 
REASONING OF JUDGMENT: - After considering the submissions made by both the sides and after perusal of record of the appeal, it was held that the property has been purchased jointly by the appellant and her husband Shri M.S. Paramasivam. Several lease agreements have also been produced and some of the lease agreements are entered into by both the appellant and her husband. It is very much brought out by the documents that the appellant is not the absolute owner of the property “Lakkshmi Arcade”. The sale deed as well as the related documents shows that the property is owned jointly by the appellant and her husband.
It is not disputed that the income by way of rent is received by them separately and reflected in their income-tax returns separately. This being the case, the mere reliance on the land revenue records is not correct. When the property is owned jointly by the appellant and her husband, the demand of service tax raised on the appellant alone, therefore, cannot be sustained.
The Tribunal in the case of M/s. Sambhaji Pandurang Hulawale v. Commissioner of C. Ex., Pune-I reported in 2017 (6) G.S.T.L. 209 (Tri. - Mum.) has held that the rent received by the co-owners cannot be clubbed together for raising the demand of service tax.If the rent is shared between the appellant and her husband, they would come under the threshold limit. This aspect, however, requires verification. If the rent received by the appellant separately is below the threshold limit during the disputed period, then the appellant would not be liable to pay service tax.
Hence, the impugned order is set aside and appeal is allowed by way of remand with a limited direction to verify whether rent received by appellant alone would fall within the threshold limit or not.
 
DECISION:-Appeal allowed by way of remand.
COMMENT:-The issue regarding clubbing of tax demand in case of rent received on jointly owned properties is no longer res integra and has been settled in favour of assessee by various judicial pronouncements wherein it has been held that threshold limit would be computed separately for each co-owner of the property. As regards the position in GST law is concerned, the same is upheld and continued as there are various Advance Rulings pronouncing that threshold limit for taking registration is to be computed separately for each co-owner of the jointly owned property.
 Prepared By- CA Neetu Sukhwani

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com