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Applicability of reverse charge - security services

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(Querist)
12 July 2013 Dear Expert,

Whether a Co-op Housing Society is classified as "Business Entity as Body Corporate"? (Reverse charge mechanism stipulates 75% of Service Tax is to be paid by Service Receiver if he is registered as "Business Entity as Body Corporate")

If Co-op Housing Society can not be classified as "Business Entity as Body Corporate" then Service Tax portion of Service Receiver in NOT payable.
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RENGARAJ R.K

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RENGARAJ R.K (Expert)
12 July 2013 Business entity” means any person ordinarily carrying out any activity relating to industry, commerce or any other business or profession. Thus, Government, charitable organisation is not ‘business entity’.

Body Corporate – Company, LLP, Cooperative Society is Body Corporate – Firm, HUF, Trust is not ‘Body Corporate’ [Society registered under Societies Act is legally not ‘body corporate’].

Kindly go thro the meaning and definition for coverage under reverse charge.
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Ganeshbabu K

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Ganeshbabu K (Expert)
12 July 2013 Yes..Co-operative housing society is not a Business entity registered under body corporate..And hence reverse charge not applicable.
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