Reverse Charge provisions are applicable to Sevice Recipient if it is a Body Corporate.
Whether an organisation registered under Socities Registration Act, 1860 is a body corporate?
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Applicability of reverse charge(service tax)
Replies (6)
No the term body corporate means a company register as company under companies act 1956.
Body Corporate is defined under clause 7 of section 2 of the Companies Act, 1956. It is a much broader term than a 'Company' registered under that Act. However, an organisation registered under the Society Registration Act, 1860 is not a body corporate.
Such contract payment is not liable to reverse charge, you can claim refund to the department.
Dear Neha, You are correct that since the service provider rendering service of Works contract to you is a company, reverse charge is not applicable. Your refund claim is valid.
For furhter clarifications, you may e:mail me.
The companies act does not make such body a body corporate, so there is no reverse charge.
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