banner_ad

Service Tax - Expanded scope under Finance Bill 2011



The Service Tax net was expanded to the Legal Consultancy service from 01.09.2009. The Taxable service was defined under Section 65(105)(zzzzm) of the Finance Act, 1994. The Legal services provided to a business entity by any other business entity in relation to advice, consultancy or assistance in any branch of law were covered.

However, the services provided by way of appearance before any court, Tribunal or any authority and the services provided by the individuals were excluded.

Now, the Finance Minister has proposed in the Finance Bill 2011 to expand the scope of legal consultancy services falling under the tax net.

The following proposed substitution is made in sub-clause (zzzzm):

(i) to any person, by a business entity, in relation to advice, consultancy or assistance in any branch of law, in any manner;

(ii) to any business entity, by any person, in relation to representational services before any court, tribunal or authority;

(iii) to any business entity, by an arbitral tribunal, in respect of arbitration.

Explanation – For the purposes of this item, the expressions “arbitration” and “arbitral tribunal” shall have the meanings respectively assigned to them in the Arbitration and Conciliation Act, 1996;

Thus, the following services are included:

(i) Services of advice, consultancy or assistance provided by a business entity to individuals are covered.

 

(ii) Representational services provided by any person to a business entity; and

 

(iii) Services provided by arbitrators to business entities.

Now, as per the Notification No. 45/2011 – Service Tax In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts taxable services referred to under item (iii) of sub-clause (zzzzm) of clause (105) of section 65 of Finance Act, 1994.

Therefore, services provided by arbitrators to business entities will be exempted and will now remain outside the tax net and this notification will be effective from 12th Sept, 2011.



18957 Views 2 Likes Comment   Share Service Tax   Report


Published by


Guest


CCI Pro

Comments


Related Articles


Loading


Popular Articles





CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news

CCI Articles

submit article


Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details