Reverse charge mechanisam applicable to advocate firmp

Queries 1622 views 9 replies

Whether the partnership firm of advocate being business entity received service from individual advocate has to pay service tax under reverse charge mechanism on amount paid to individual advocate. 

Replies (9)

 

Sl.

No.

Descripttion of service

Provided

Percentage of  ST payable by the person

providing service

Percentage of ST payable by the person

receiving the service

By

to

1

Legal service

Individual Advocate or firm of advocates

any business entity located in the taxable territory

Nil

100%

 

As per the Entry No.6(b) (i) of the Mega exemption (i.e. Notification No.25/2012-ST as amended), it is not taxable and Reverse charge is not applicable.

 

Please visit: https://www.servicetax.gov.in/st-notfns-home.htm

 

As per one view, the transaction is hit by theprovisions of reverse charge mechanism.

On the other hand, the transaction falls under the exempted catagory as per entry no. 6(b) of Mega exemption notification No.25/2012.

Whether a shelter can be obtained that the transaction falls under the exemption catagory and so question of reverse charge is not applicable to it.

 

Yes, if exemption is avbl then RCM is not applicable.

Yes,

In order to apply the provisions of reverse charge, first it has to be taxable.

In recent time High court delhi has stayed the reverse charge on advocacy services.

As per notification 25/2012 in sr. no. 6, Services provided by an individual as an advocate or a partnership firm of advocates by way of legal services to

i.an advocate or partnership firm of advocates providing legal services:,

ii any person other than a business entity or

iii a business entity with a turnover up to rupees ten lakh in the preceding financial year or

(c) a person represented on an arbitral tribunal to an arbitral tribunal;

It means a business entity is liable to pay 100% service tax under reverse charge machenism.

Thanks 

 

-If services is provided to a business entity with a turnover up to rupees ten lakh in the preceding financial year 

then it is exempt from service tax.

-If service is provided to a business entity with a If turnover  more than Rs. 10 Lakh in the preceding financial year 

then reverse charge provision is applicable and business entity is required to pay 100 % of service tax under reverse charge mechansim.

 

 

 

 

 

 

Services by Arbitral Tribunal or Advocate

Arbitral Tribunal

 

 

Business Entity

 

NIL

100%

Services provided to other than Business Entity or a Business Entity with a Turnover up to Rs 10 lakh in the preceding financial year are exempted by the way of Notification No 25/2012- ST dated 20th dated june ,2012

 

Individual Advocate

 

NIL

 

100%

 

NATURE OF SERVICE SERVICE PROVIDER SERVICE RECEIVER SP LIABILITY SR LIABILITY  

         

         As per my opinion advocate /'firm of advocate provides services to other advocates / firm of advocates is not covered under service tax provisions 

 


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