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THE FINANCE ACT, 1994 - SERVICE TAX
CHAPTER V : Service Tax

Body 65. Definition.-

In this Chapter, unless the context otherwise requires,

(105) "taxable service" means any service provided,-

(zzzz) to any person, by any other person, by renting of immovable property or any other service in relation to such renting, for use in the course of or, for furtherance of, business or commerce.

Explanation 1.- For the purposes of this sub-clause, "immovable property" includes-

    (i) building and part of a building, and the land appurtenant thereto;

    (ii) land incidental to the use of such building or part of a building;

    (iii) the common or shared areas and facilities relating thereto; and

    (iv) in case of a building located in a complex or an industrial estate, all common areas and facilities relating thereto, within such complex or estate,

    (v) vacant land, given on lease or license for construction of building or temporary structure at a later stage to be used for furtherance of business or commerce,

    but does not include

      (a) vacant land solely used for agriculture, aquaculture, farming, forestry, animal husbandry, mining purposes;

      (b) vacant land, whether or not having facilities clearly incidental to the use of such vacant land;

      (c) land used for educational, sports, circus, entertainment and parking purposes; and

      (d) building used solely for residential purposes and buildings used for the purposes of accommodation, including hotels, hostels, boarding houses, holiday accommodation, tents, camping facilities.

Explanation 2.-For the purposes of this sub-clause, an immovable property partly for use in the course or furtherance of business or commerce and partly for residential or any other purposes shall be deemed to be immovable property for use in the course or furtherance of business or commerce;