Reverse charge mechanisum

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Anurag Suresh kulkarni (Querist)

10 February 2017 There is a educational and charitable trust. It is receiving legal services from individual advocates. Now the question is that " whether the educational trust is covered under BUSINESS ENTITY under reverse charge?" .
Will it make any difference if trust is registered for renting of immovable property(commercial activity) under Service Tax and regularly collecting service tax from its tenants?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

10 February 2017 It is not a business entity under reverse charge provided the total rental receipts not exceed 20% of total receipts.

Anurag Suresh kulkarni

Anurag Suresh kulkarni (Querist)

11 February 2017 Thanks for the information.

Sec. 2(15) of IT Act, 2016; "charitable purpose" includes relief of the poor, education, 9[yoga,] medical relief, preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and the advancement of any other object of general public utility:
10[Provided that the advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity, unless—
(i) such activity is undertaken in the course of actual carrying out of such advancement of any other object of general public utility; and
(ii) the aggregate receipts from such activity or activities during the previous year, do not exceed twenty per cent of the total receipts, of the trust or institution undertaking such activity or activities, of that previous year;

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