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.
hello
please guide me
our company is private company registered with department of service tax..we have filed a refund application as we have excess deposited the service tax under reverse charge mechanisim against payment made to contractot.contractor is a service provider and is a company accordingly reverse charge is not applicable to them.. please guide me regarding applicability of service tax and reverse charge. we are under construction service other than residential complex including commercial/industrial building or civil, structure.
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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