Reverse charge on professional fee
This query is : Resolved
29 September 2016
Dear Sir,
Whether any service provided by a Non-practicing advocate will be covered under RCM?
In my case, a person is holding various degrees like MBA, BSC, LLB, DMS etc. He is providing us ESI and EPF returns filing service. He is charging fees not in the name of an advocate but as a Labour Laws Consultant. He is issuing bills in his name with designation of Labour Laws Consultant without mention the word "Advocate" in any part of the bill.
In this case, do a business entity will be liable to pay RCM?
Please reply.
Whether any service provided by a Non-practicing advocate will be covered under RCM?
In my case, a person is holding various degrees like MBA, BSC, LLB, DMS etc. He is providing us ESI and EPF returns filing service. He is charging fees not in the name of an advocate but as a Labour Laws Consultant. He is issuing bills in his name with designation of Labour Laws Consultant without mention the word "Advocate" in any part of the bill.
In this case, do a business entity will be liable to pay RCM?
Please reply.
29 September 2016
No, you are not liable to pay RCM. In that case he should be charging Service tax if he is issuing bill as a labour consultant. But if he is within the exmeption limit of 10 Lakhs, then he also need not charge service tax.
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