Professional service in same premises by more than 1 person
This query is : Open
01 January 2014
Professional service provided in the same premises by two or more individuals under the same firm name and these individuals having their own separate files and billings,would service tax basic exemption limit of Rs.10,00,000 be applicable to all the individuals and firm seperately
Eg.Firm has three partners
GTI Firm - Rs.10,00,000
GTI Partner 1 - Rs.10,00,000
GTI Partner 2 - Rs.10,00,000
GTI Partner 3 - Rs.10,00,000
Can the benefit of basic exemption be availed by all, given the billing and file bifurcation is made in separate names
Eg.Firm has three partners
GTI Firm - Rs.10,00,000
GTI Partner 1 - Rs.10,00,000
GTI Partner 2 - Rs.10,00,000
GTI Partner 3 - Rs.10,00,000
Can the benefit of basic exemption be availed by all, given the billing and file bifurcation is made in separate names
01 January 2014
Sir the Small service provider exemption is avavilable to "Person" providing taxable service upto the value of 10,00,0000.
The defination of Person as per Section 65B includes Partneship firm and not partners individuallly.
Therefore the SSI Exemption as provided by notification No.33/2012 is available to the Partnership firm as a whole and not in respect to each partner.
The defination of Person as per Section 65B includes Partneship firm and not partners individuallly.
Therefore the SSI Exemption as provided by notification No.33/2012 is available to the Partnership firm as a whole and not in respect to each partner.
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02 January 2014
What if there is adequate documentation and details to prove that the billings and fees are bifurcated to the partners directly and there is no mixing of income.
Its just a name sake partnership and like mentioned above the work and the fees are taken towards the partners separately
Its just a name sake partnership and like mentioned above the work and the fees are taken towards the partners separately
02 January 2014
As per my view that would be very difficult to justify then for what purpose the partnership firm existed.
I suggest other experts to give their opinion on the same.
I suggest other experts to give their opinion on the same.
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02 January 2014
Under the firm name those services are rendered which have to be provided in a firm's capacity
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