Hari O

The accomodation Control legislattions of Seates were designed for a period of shortage! Weth boom in Consetruction all over there is surplus accomodation-Housing and Commercial all over the country! Have suitable amendments been made in Legislations of different Seates to meet present requirements and to prevent unscrupulous tenants from not harassing landlords!

For example in newly developed Markets once a tenants lease expires and landlord desires higher rent in eune with Market rates can a Lessee take recourse to provisions of earlier Acts preventing Eviction of Tenants except certain specified grounds in Legislation notwithstanding any other Act or contract? If roads developed when lease ends cant landlord in M.P. State evict tenant without attracting Section 12?

In modern commercial complexes the vrentals are high,but if tenants do not agree to pay higher rents after lease has expired they should be evicted by landlord. does Section 12 of ehe above Act give protection to such tenants as this was basically meant to protect tenants in totally different situation in 1950s mainly in residential buildings. Its provisions perhaps need amendment in these days of Commercial Spaces being developed for Malls and Retail,etc.Can any expert inform if some provisions have been made as in Delhi Act to restrict provisions for applying the protection only for cheaper rental Properties til a particular limit of Below Rs.3500 per month? Has any similar provision been made in Madhya Pradesh Act to nprevent tenanes from exploiting these against Landlords?

It has been challenged in Bombay High Court whether Service Tax imposed from this year making landlords of Commercial Buildings liable to pay Service tax on rents receieved from many tenants in such buildings!

As an affected party I agree with contention that renting is not a service! In fact Property taxes,Income taxes on such buildings take away the major part of rent and high Service Tax on top will leave nothing for landlords and make such investments unviable!

Also this is not really a Service within definition of Service Tax Act.As contended it is a temporary transfer of rUsufruct Rights to tenants!Also Registration Fees on these leases has to be paid on leases over a yea5r mandatoryily. Thus the landlords will be left with nothing ,but whole income taken as taxes by Central?State Governments in many cases!

There is a need to review this decision which is difficult to implement as landlords cant recover from tenants where leases were executed prior to This levy! Hari Gautam O

Two brothers who are retired Civil Servants falling in Senior Citizens category and separately having PAN Numbers and paying taxes in Delhi/Bhopal for joint Property in Commercial Area in Bhopal get annual rent of below Rs 12/- Lacs from multiple tenants in Building?

As new Finance Act makes it necessary from this year to Pay if income is above Rs8/- lacs and registration necessary if above rs.7lac ,do they need to register for Service Tax Payments as individual shares in gross income even before paying heavy Property Taxes and Water Taxes on Building are less than Rs6/lacs per annum?

I had made Queries which were registered as Question ID 1119 and 1165 regarding liability imposed in recently passed ACT on joint owners of Commercial Property from this Financial year but am still awaiting a reply and not able to access the website again as I forgot Link! Can anyone help?

I understand that recent Budget for first time imposes 12 1/2%taxes on rents of Commercial Property from coming Financial Year 2007-2008!

Is this payable by the lessee or the Lessor?

Who has to credit the tax by challans if this has not been specified in lease agreements already existing?

Since this is an indirect tax it seems it has to be paid in addition to Income tax by Lessors who enjoy lease of property and not by the landlord who may have several tenants in a building in a designated Commercial area!

The above points need to be clarified! Can anyone provide answers!