<A-B> <C-D> <E-H> <I-M> <N-R> <S-S> <T-Z>
|
| |
| INTRODUCED: With Effect From 1st September, 2009 |
| |
|
|
| Accounting Code |
| Service Tax |
00440480
|
| Interest or Penalty |
00440483 |
|
|
| |
| DEFINITION: |
|
According to Section 65 (105) (zzzzm), any service provided or to be provided to a business entity, by any other business entity, in relation to advice, consultancy or assistance in any branch of law, in any manner:
Provided that any service provided by way of appearance before any court, tribunal or authority shall not amount to taxable service.
According to Section 65 (19b) “business entity” includes an association of persons, body of individuals, company or firm, but does not include an individual;
|
| |
| SCOPE: |
| TOP |
|
As in the case of management consultancy or engineering consultancy service, any consultancy, advice or technical assistance provided in any discipline of law is proposed to be subjected to Service Tax. However, the tax would be limited to services provided by a business entity to another business entity. It has been defined that a business entity includes firms, associates, enterprises, companies etc. but does not include an individual. Thus, services provided by an individual advocate either to an individual or even to a business entity would be outside the scope of the taxable service. Similarly, the services provided by a corporate legal firm to an individual would also be outside the purview of taxable service. Any service of appearance before any court of law or any statutory authority would also be kept outside this levy.
| Service Provider |
Service Recipient |
Whether Taxable? |
Company / Firm /
Enterprises / Associate |
Individual |
NO |
| Individual |
Company / Firm /
Enterprises / Associate |
NO |
| Individual |
Individual |
NO |
Company / Firm /
Enterprises / Associate |
Company / Firm /
Enterprises / Associate |
YES |
|
| |
| SERVICE TAX EXEMPTIONS: |
| TOP |
|
(a) Small service providers whose aggregate value of taxable services rendered in the previous year has not exceeded the limit of Rs. 10,00,000/- (Service Tax Notification No. 8/2008-ST dated 01.03.2008)
(b) Services provided to the United Nations or International Organisations
(c) Services provided to Special Economic Zones (SEZ) units (including unit under construction) and SEZ developers
(d) Services which are exported as per ‘Export of Services’ Rules
(e) Services provided for official or personal use of foreign diplomatic missions and family members of diplomatic missions.
(f) Services provided to Reserve Bank of India
(g) Out of total value of service provided proportionate value of goods and material provided by the Service Provider
|
| |
| RELEVANT SERVICE TAX CIRCULARS/INSTRUCTIONS/TRADE NOTICES: |
| TOP |
.jpg) |
Service Tax Clarification - Budget 2009-10 F.No.334/13/2009-TRU dated 06/07/2009. |
| |
| SERVICE TAX NEWS, VIEWS AND STORIES: |
| TOP |
|
Legal Consultancy Services brought under the ambit of Service Tax |
|
Service Tax- A Bone of Contention for Lawyers |
| |
|
<A-B> <C-D> <E-H> <I-M> <N-R> <S-S> <T-Z>
|
.jpg){kind=logo}
