Service Tax Not Leviable on Legal Services Provided by Advocate to Partnership Firm of Advocates

Quick Summary
The Bombay High Court has ruled that service tax is not applicable to legal services provided by an individual advocate to a partnership firm of advocates. This decision was based on specific exemptions under the Service Tax Notifications of 2012. Consequently, the court quashed an order that had confirmed a service tax liability of approximately Rs. 26.81 lakhs, along with interest and penalties, and also cancelled the recovery proceedings.

Court :
Bombay High Court

Brief :
The Hon'ble Bombay High Court in the case of Manisha Rajiv Shroff v. Union of India & Ors. [Writ Petition (L)No. 1684 of 2026, order dated February 05, 2026] held that service tax was not leviable on legal services rendered by an individual advocate to a partnership firm of advocates in view of Notification Nos. 25/2012-ST and 30/2012-ST dated June 20, 2012, and consequently quashed the order-in-original confirming service tax liability and the consequential recovery proceedings, holding that the designated officer had acted without jurisdiction.

Citation :
Writ Petition (L)No. 1684 of 2026, order dated February 05, 2026

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