Bookmarks   Feedback   Annual Subscription   New User   Login  
Tax Management India .com   
   TMI - Tax Management India. Com   
Amendment in Notification No.78/2014-Customs (N.T.) dated the 16th September, 2014    *    Regarding appointment of CAA by M/s Nagarjuna Oil Corporation Ltd, Chennai    *    Handling of Cargo in Customs Areas (Amendment) Regulations, 2016    *    RBI Reference Rate for US $    *    CENVAT credit - capital goods or inputs? - Supply of tangible goods service – dumpers and tippers – such vehicles will be in the nature of inputs for the purposes of CENVAT Credit Rules, 2004. - Tri    *    CENVAT credit – CHA services are utilized by the appellant before the goods were loaded on to the ship and therefore the same falls within the definition of input services- Tri    *    Cenvat credit - The adjudicating authority was not empowered by law to decide optimum quantity of input admissible to be procured for manufacture of unit quantity of final product and therefore, law did not empower the adjudicating authority to decide how much is the excess quantity of inputs procured by the appellant - Tri    *    Cenvat credit - manpower supply services - 75% of the service tax, which is sought to be denied is admittedly paid to the Government by the provider of service instead of recipient of service - In any case, the service tax has been discharged and denial of the credit on this ground is not sustainable. - Tri    *    Imposition of penalty - non filling of ER-5 and ER-6 returns within the period prescribed - contravention is only a procedural violation and subsequently the required return has been filed - No penalty - Tri    *    Imposition of penalty - non-filing of Annual Return containing details of inputs for the period 2004-05 - other than the non-filing of return, no other allegation has been made against the appellant. The returns stand filed thereafter. - No penalty - Tri    *    Eligibility - credit on capital goods and area based exemption notification no. 50/2003-CE dated 10.06.2003 - there is no valid legal ground in the present appeal for denying the credit on capital goods, - Tri    *    Unjust enrichment - Refund claim - The contract is for a fixed amount and it has been categorically recorded in the impugned order that no excise duty incidence has been passed on by the respondent to NHAI. NHAI also categorically certified to that effect - refund allowed - Tri    *    Valuation - where on account of delay in delivery of manufactured goods is liable to pay a lesser amount that the generically agreed price as a result of a clause (in the agreement), stipulating variation in the price, on account the liablility to “liquidated damages”, irrespective of whether the clause is titled “penalty” or “liquidated damages”, the resultant price would be the “transaction value” - Tri    *    Cenvat credit on water treatment plant    *    India US Strategic and Commercial Dialogue    *    Comments/suggestions invited for draft Notification for amendment of Courier Imports and Exports (Clearance) Regulations, 1998 and draft Form Courier Shipping Bill-V    *    TDS u/s 195 - P.E. in India - The payments made by assessee to Gensler-USA were merely for project specific drawings & designs without transfer of technology or know-how or even title in drawing & designs - not in the nature of “Royalty” or “Fee for Technical Services”. - Tri    *    Addition relating to trade creditors - additions u/s 68 - in view of the categorical finding that the loan amounts were not reflected in the returns of the 37 persons in question, we do not see how the High Court could have taken the above view and remanded the matter to the AO - SC    *    The fact remains that the property was settled by way of family arrangement for convenient enjoyment and the property remains with assessee’s son and daughter. Therefore, the exemption u/s 54F/54 cannot be denied - Tri    *    Reopening of assessment - the information was available only in the valuation report. Giving the information in this manner shall be of no help to the appellant as the Assessing Officer was not expected to go through the said information available in the valuation report for the purpose of ascertaining the actual construction of the plot - SC
 
Discussions Forum
Home Forum Service Tax
← Previous Next →

Service Tax on Legal Services on RCM - Service Tax

#1 Issue Id: - 105989
Dated: 18-8-2013
By:- Shyam Naik
Service Tax on Legal Services on RCM

  • Forum

Dear Experts,

A Company is engaged in trading activities and the turnover from trading in goods is more than 10 Lacs. The Company does not provide any service.

Whether, the company shall be liable to pay service tax on Reverse Charge Mechanism on Legal Services received by it.

Kindly opine.

Thank You.

Post Reply

Posts / Replies

 

#2 Dated: 18-8-2013
By:- Pradeep Khatri

There is no exemption to the company which is receiving the services under RCM.  Service tax will be payable under RCM under LEGAL Services by the Trading company provided such services were provided by the LLP, Firm, HUF etc.


#3 Dated: 19-8-2013
By:- Bhuwan Bhatt

in RCM there is no threshold limit for the service receiver, if he is a company, he has to pay his portion of service tax, based on the taxable services received by him.

Regards

BDB

 


#4 Dated: 19-8-2013
By:- Praveen Mittal

Threshold limit of Rs.10L is to be checked in case of taxable output service only and not for paying service tax under reverse charge mechanism.  Where an Individual Advocate or Firm of Advocates provides for legal services to any business entity, service tax is required to be paid by such business entity.  Following tow points are important here to note: -

1.  Business entity can be Individual, Partnership Firm or Company;

2.  Such Business entity should be located in the taxable territory only

 


#5 Dated: 19-8-2013
By:- Shyam Naik

Dear Experts,

Kindly refer to para 6(b)(iii) of notification no. 25/2012-ST dated 20/06/2012.

In terms of the said para services provided in respect of Legal Services to a business entity with a turnover up to Rs. 10 Lacs in the preceding financial year is exempt.

Whether the term turn over would cover turnover of output services only or it would cover turnover from trading activities as well?

The service receiver in the instant case is a company engaged in trading only and the turnover in the preceding financial year exceeds Rs. 10 Lacs. .

Kindly opine and oblige.

Thank You.


#6 Dated: 20-8-2013
By:- Bhuwan Bhatt

6, Services provided by-(b)  an individual as an advocate or a partnership firm of advocates by way of   legal services to,-(ii) a business entity with a turnover up to rupees ten lakh in the preceding financial year

Turnover includes gross sales done by a company


#7 Dated: 20-8-2013
By:- Mukesh Shah

Dear Shyam, 

Trading of goods is exempted service (Section 66D (e)), So it gets included in turnover for the question under consideration. 


Post Reply



 

← Previous Next →
what is new what is new

Advanced Search

Latest Updates

Forum

Featured

Experts

More Options

Communication




|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map || ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version