Reverse charge mechanism-legal services

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All you aware that, there is exemption to those service recepient  whose taxable turn over is less than 10 Lakhs in the preceeding year, those are not laible to pay service tax under reverse charge mechanism on legal services received.

My question is, in the current year my taxable turnover is expected to exceed 10 Lakhs, in this case shall I pay service tax under reverse charges on legal services received in the current year or not.

Pls. help me.

 

 

Replies (7)

NO you would not be liable to pay service tax under reverse charge mechanism since your turnover of the previous year did not exceed 10 lakhs.

No exemption limit for paying service tax under reverse charge system. Any business entity located in taxable tarritory will pay service.

Agrre with the above...

By Virtue Of notification 33/2012 , the aggregate value of taxable services upto Rs. 10lacs has been  exempted from service Tax., However, it has been provided that the benefit of the threshold exemption is not applicable to those cases where the service tax is payable under reverse charge mechanism. As Per the Proviso to the said Notification, the benefit of threshold exemption does not apply to such value of Taxable services in respect of which service tax shall be paid by such person and in such manner as specified under sub section (2) of Section 68 of the Act. A plain reading of the above said provision suggests that the benefit of threshold exemption is not applicable in respect of services specified under notification No.33/2012,irrespective of whether the service tax is payable, wholly or partially by the service provider or service receiver .  

 

 

Notification No. 25/2012 dated 20.06.2012 exempts "service provided by an individual as an advocate or a partnership firm of advocates by way of legal services to a business entity with a turnover up to rupees ten lakh in the preceding financial year".
 

Hence, if the turnover of business entity ( including company)receiving legal services is less than Rs 10 lakhs in P.Y then it is not liable to pay service tax under reverse charge mechanism in legal services

Can we avail the cenvat credit on Legal professional charges ( Service tax value )

Yes , you can avail cenvat credit

The below 18 services are eligible for input tax credit

1) Repairs and maintainence

2) Advertisement/ sales promotion

3) Legal charges

4) Accounting

5) Auditing

6) Inward Transportation

7) Out ward transportation (upto place of removal)

8) Business exhibition

9) Security services

10) Shares Registry

11) Credit Rating

12) Computer Networking

13) Coaching & Training

14) Recruitment and Quality Controll

15) Market reasearch

16) Storage upto place of removal

17) Procurement of Inputs

18) Financing services


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