legal service

Save Share

This query is : Resolved

Yash Banthia (Querist)

26 May 2016 legal service provided by a CA to a business entity whose last year turnover is 8 lakh would be taxable under reverse charge or exempt?

Rupesh Jain

Rupesh Jain (Expert)

26 May 2016 no only for advocate service will RCM. but how can CA give legal servcies.?

Yash Banthia

Yash Banthia (Querist)

26 May 2016 Sir, there are tax consultants( CA or other persons) in different firms and companies.. They provide advises relating to laws such as income tax, service tax, excise law, etc.. So they provide legal service but not in the capacity of advocate.. So I think it should be taxable ( but not under reverse charge) irrespective of the turnover..

Yash Banthia

Yash Banthia (Querist)

26 May 2016 the definition of legal service is as follows-' any service provided in relation to advice, consultancy, or assistance in any branch of law in any manner and includes representational service before any court, tribunal, or authority'. .. It has not been mentioned that only advocates as per advocate act are only eligible to provide legal service..

Ganeshbabu K

Ganeshbabu K (Expert)

26 May 2016 Services of CA not covered in reverse charge category hence no tax payable under reversecharge,RCM applicable where service received from individual advocate or firm of advocates

Yash Banthia

Yash Banthia (Querist)

26 May 2016 isnt it taxable under normal charge mechanism? i.e. service provider needs to pay after collecting from service receiver..

Ganeshbabu K

Ganeshbabu K (Expert)

04 June 2016 Yes service provider can collect and pay to department if he is liable for servicetax( if his gross receipts exceeds 10 lakhs in any financial year)

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now