Applicability of service tax


This query is : Resolved 

16 August 2010 Hello

A CA firm has taken up consultancy assignment with a company in the areas of accounting, audit and taxation. The scope of work includes mainly, to support the accounts and finance department in replying to various taxation consultants and auditors and provide data to various government agencies. The CA firm is not in an advisory role, neither does it represent the company before any tax authority.

Is the consultancy fees received by the CA firm, from the company covered under service tax net?

16 August 2010 Yes, Fee or Professional & Service / Royalty Covered under 194J, TDS applicable @10% (Exemption limit 30000/= P.A.)

16 August 2010 Sir

Thanx for your reply. But I wanted to know about the applicability of Service Tax and not TDS

16 August 2010 service tax applicable @10.30% after corssing exemption limit.

(Exemption Limit up to 10 Lack.)

16 August 2010 I have a doubt whether this kind of service can be considered as management consultancy service, chargeable to tax undet the ST act as there is no certification work nor is there any advisory work involved in the assignment. Can you please give any reference in support of your answer?

17 August 2010 This can be very much a managment consultancy , however not going into that since it is being provided by a CA firm, the service tax will be applicable under " Chartered Accountant's Service"


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