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Service Tax applicability on NHAI by Advocates, Service Tax

Issue Id: - 4343
Dated: 8-7-2012
By:- Rajesh Sharma

Service Tax applicability on NHAI by Advocates


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I want to know whether service provided by an Advocate or association of advocates to NHAI falls under Service Tax net in the year 2011-12. As per the definition of the Act on Legal Consultancy, services provided by a person to  a 'business entity' falls under the service tax net. Therefore, I want to know whether NHAI falls in the category of business entity. As NHAI is authority enacted by an ACT through Parliament.

 

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Showing Replies 1 to 3 of 3 Records

Page: 1


1 Dated: 9-7-2012
By:- Pradeep Khatri

NHAI can't be treated at par with Business Entity. Hence, No Service Tax would be applicable in this scenario.


2 Dated: 11-7-2012
By:- Rajesh Sharma

In my view, as per the definition of Legal consultancy services:

 

Service provided to: "to any person by a business entity" comes under the service tax net, hence service provided by a legal consultancy association to NHAI falls under the Service Tax net.


3 Dated: 24-8-2012
By:- Harsh Jindal

NHAI can't be treated as a business entity as it is an authority enacted by an act of parliament. Hence, no service tax will be applicable.


Page: 1

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