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Service Tax liability under Reverse Charge Mechanism for Advocate Service, Service Tax

Issue Id: - 108599
Dated: 14-5-2015
By:- Mehul Pandya

Service Tax liability under Reverse Charge Mechanism for Advocate Service


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Greetings

In case of Services Provided by Advocate, (As per Notification No. 25/2012 dated 20-06-2012 serial No.6 (B)(iii), there is mentioned that a business entity with a turnover up to rupees ten lakhs in the preceding financial year;) In that context my query is that in case of Manufacturing partnership firm having turnover say 15 lakhs from the Salt or any other trading activity. He is not service provider. In this case if he receives service from the advocate, will he liable to pay service tax ?? Pl. guide us for this issue..

Posts / Replies

Showing Replies 1 to 9 of 9 Records

Page: 1


1 Dated: 14-5-2015
By:- Rajagopalan Ranganathan

Sir,

As per Sl. No. 6 (b) (iii) of Notification No. 25/2012=ST dated 20.6.2012 (effective from 1.7.2012) as amended service provided by an individual advocate or a firm of advocate to a business entity whose turnover is up to rupees ten lakh in the preceding financial year is exempted from payment of service tax. If the turnover of the business entity is more than 10 lakhs during preceding financial year then service tax is to be paid by the service receiver under RCM.


2 Dated: 14-5-2015
By:- ganeshan kalyani
Pl note if advocate or firm of advocate provide services to a body corporate I.e company then the company has to service tax under reverse charge mechanism.

3 Dated: 15-5-2015
By:- Mehul Pandya

Thank you for your Reply.

Please elaborate the meaning of "Turnover" here., Turnover as in Sales/ Trading Activity or Service provided.?

Thank you.


4 Dated: 15-5-2015
By:- Rajagopalan Ranganathan

Siir,

Turnover means service turnover.


5 Dated: 15-5-2015
By:- Mehul Pandya

Sir,

Auditor calculating all over turn over including trading turnover, how we can clarify that


6 Dated: 16-5-2015
By:- Dr. Sanjiv Agarwal

Turnover is not defined. It means total turnover. Not only service turnover. We can take reference to company law / income tax .


7 Dated: 16-5-2015
By:- Alok Agarwal

Turnover for the purpose of Not. 25/2012 shall be Total turnover of the assessee including both goods and services


8 Dated: 16-5-2015
By:- Dr. Sanjiv Agarwal

Yes, Alok Agarwal is right


9 Dated: 16-5-2015
By:- A J DEORA & ASSOCIATES

The words are " business entity with a turnover up to rupees ten lakhs in the preceding financial year" -very clear is the entity turnover -from all sources.

-Ashok Deora


Page: 1

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