Service tax-existing sole proprietary converted into firm
This query is : Resolved
29 May 2014
A proprietory concern providing CA services has been in existence for 30 years. Total service income for the past few years is around Rs7 to 8 lakhs.
New partners have joined the firm during the year and the existing work is split between all three partners. The cumulative billings exceed 10 lakhs. However the billings are also split based on work done. So the firm and its partners individually do not cross 10 lakhs. There are very few additions after the firm was formed.
In future if a Service tax scrutiny/query comes up, will there be a contention from the service tax department that the firm was formed to escape service tax liability? Can it be argued that service income is based on work done by respective partners, although they were brought in by the original sole proprietor by virtue of his long standing practice?
New partners have joined the firm during the year and the existing work is split between all three partners. The cumulative billings exceed 10 lakhs. However the billings are also split based on work done. So the firm and its partners individually do not cross 10 lakhs. There are very few additions after the firm was formed.
In future if a Service tax scrutiny/query comes up, will there be a contention from the service tax department that the firm was formed to escape service tax liability? Can it be argued that service income is based on work done by respective partners, although they were brought in by the original sole proprietor by virtue of his long standing practice?
29 May 2014
No both identities are distinct and separate services provider hence question of raising such issue doesn't arise. One is always do legitimate tax planning under all scenarios.
30 May 2014
if they have partner and there receipts above ten lacs then they have to pay service tax.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- CAPITAL GAIN BASE ON NOTIFICATION
- Unregistered suppliers utility
- NRI starting business in India
- ITDS U/S.194T of Firm
- GST not cancelled by tenant
- Capital gain on sale and purchase of plot
- FCRA 6 E- Intimation
- Demand Outstanding AY 2013-14 TDS Deducted not shown in 26as
- Resigning a auditor from the company for misconduct
- FORM 141 SDV query
- Taxable or Tax exempt
- How to pay remaining amount of TDS after due date?
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
- Experienced CA recommendation from Kolkata for FNO return filing
- Interest Reporting in Form 168
- Sales of goods of amount Rs77 lakhs to a party
- Tax Demand of ₹4,650 for AY 2026-27
- Concept of Vendor and customner reconciliation
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
