Reversre charge on Legal fees paid out side the India

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..... Reversre charge on Legal fees paid out side the India
Query (Issue) Started By: - kamal mall Dated:- 13-1-2015 Last Reply Date:- 14-1-2015 Service Tax
Got 3 Replies
Service Tax
Dear Sir, We are a India based company and having manpower supply business ( turnover more than 10 lacs). we are fighting a legal case regarding manpower issue in Oman (Out side india) with the help of an adv .....

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..... ocate in oman. We are paying legal fees to advocate around 1 Crore p.a.. Whether i need to pay service tax on the same in India. Reply By PAWAN KUMAR: The Reply: Dear Sir, As per my view, the place of provision of service as per POPOS Rules, 2012, Rule 3, is service receiver location i.e. India, an taxable territory, Therefore service tax would be liable by the service receiver under provision .....

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..... s of section 68(2) of the Fianance Act. Reply By MARIAPPAN GOVINDARAJAN: The Reply: Dear Sir, In my opinion the service is rendered outside India. As such service tax is not payable under Reverse Charge Mechanism. Reply By PAWAN KUMAR: The Reply: Dear Sir, As the service being provided outside India to a person having establishment in India, The payment for such service being done from India .....

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..... , Then, as per the POPOS Rules, 2012, Rules3, the place of provision of service generally the location of the service receiver. In the instant case, service receiver locatioin is India, therefore liable for service tax. The provision under rule 9 of POPOS Rules, 2012 shall not applicable in this case.
Discussion Forum - Knowledge Sharing .....

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