IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7727 of 2010 Date of decision: November 26, 2010. Raj Kumar Jain ...Petitioner(s) v. Madan Gopal Diwan & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri N.S. Shekhawat, Advocate, for the petitioner(s). Kanwaljit Singh Ahluwalia , J. (Oral): In the present revision petition, it is prayed that the order dated 16.9.2010 (Annexure P-1), whereby Rent Controller had provisionally assessed the rent, be quashed. The grievance of the petitioner is that by observing, as under, the Rent Controller has committed a grave error:- “And, the question regarding payment of service tax by the respondent No.1 shall be decided later on at appropriate stage.” Counsel states that the Rent Controller ought to have determined liability of the tenant to pay the service tax in consonance with the lease deed and this question cannot be kept open. In the facts and circumstances of the case, whether service tax forms part of the rent or not, is an issue which could only be determined after parties had adduced their evidence. Therefore, the Rent Controller made an arrangement that the substantial amount of rent is paid to the petitioner-landlord. By keeping the question, whether the tenant is to pay service tax or not, open, the Rent Controller has exercised the discretion validly and no interference is warranted. Hence, dismissed in limine. [Kanwaljit Singh Ahluwalia] November 26, 2010. Judge kadyan