Legal consultancy service
This query is : Resolved
11 December 2013
If an individual provides legal consultancy service to a private limited company, will it creates the tax obligation of payment of service tax by the service receiver..kindly help me
Ganeshbabu K
(Expert)
11 December 2013
if any business entity having turnover of more than 10 lakhs in preceeding financial year receives any services from individual advocate or firm of advocates,,
..
then service receiver liable to discharge 100% of service tax
.
.
..
then service receiver liable to discharge 100% of service tax
.
.
11 December 2013
i work for a private limited company. so will my company comes under the definition of business entity??? the turnover is above 10 lacs, will the company have to discharge whole of service tax now?
Ganeshbabu K
(Expert)
11 December 2013
Yes, service receiver has to pay 100% service if any bills received from individual or firm of advocates under reversecharge
.
.
yes company comes under business entity
.
.
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’.
.
.
yes company comes under business entity
.
.
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’.
Ganeshbabu K
(Expert)
11 December 2013
Yes, service receiver has to pay 100% service if any bills received from individual or firm of advocates under reversecharge
.
.
yes company comes under business entity
.
.
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’.
.
.
yes company comes under business entity
.
.
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’.
11 December 2013
yes agreed with ganesh babu completely.
12 December 2013
Thank You for your reply sir. I also have another doubt. If the invidual providing service to me is not a advocate, he provides legal advice to us in field of machinery. As i have read in the provision, it says that services will be taxable when it is provided by invidual advocate to company, but if that individual is not an advocate, will the service still be taxable???
Kindly answer my query Sir, I will be so thankful to you.
Kindly answer my query Sir, I will be so thankful to you.
Ganeshbabu K
(Expert)
12 December 2013
service tax under reverse charge applicable only if you are availing service from advocate of firm of advocates only
.
.
if he is not advocate no reversecharge applicable hence no service tax required to pay
.
.
you are liable to pay to him only if he is claiming it in his invoice
.
.
if he is not advocate no reversecharge applicable hence no service tax required to pay
.
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you are liable to pay to him only if he is claiming it in his invoice
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12 December 2013
yes he is not an advocate. thanks a lot sir for your answer, its very useful.
Ganeshbabu K
(Expert)
12 December 2013
you are welcome,
.
.
please find below webistes for enhancing /updating in the field of indirect taxes
.
https://new.capradeepjain.com/
.
https://www.dateyvs.com/about/
.
.
.
.
please find below webistes for enhancing /updating in the field of indirect taxes
.
https://new.capradeepjain.com/
.
https://www.dateyvs.com/about/
.
.
Ganeshbabu K
(Expert)
12 December 2013
you are welcome,
.
.
please find below webistes for enhancing /updating in the field of indirect taxes
.
https://new.capradeepjain.com/
.
https://www.dateyvs.com/about/
.
.
.
.
please find below webistes for enhancing /updating in the field of indirect taxes
.
https://new.capradeepjain.com/
.
https://www.dateyvs.com/about/
.
.
12 December 2013
Thank You Sir
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