Service tax code in respect of reverse charge mechanism rule

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 October 2013 Respected Sir,

I am in second year of my articleship, now my parents are shifting their business to another city. can i get transfer? and also i have got transfer in my first year of articleship too.
kindly suggest me your valuable opinion

Thank you

Querist : Anonymous

Querist : Anonymous (Querist)

28 October 2013 Dear sir
Presently I am a Account manager in Pvt. Ltd Company. Under Reverse charge mechanism rule, we have confusion some point i. e our company monthly paid about 40000-45000 to individual person( Registered Service tax )on account of security service. Under this rule it is well clarified that 25% service tax payable by him & 75% payable by us out of total bill raised by him.

Pls provide me service tax code in respect of our( reciever of Service ) portion of service tax.

Ajay Mishra

Ajay Mishra (Expert)
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28 October 2013 Yes, you can get transfer on shifting of your parent.

You submit Form-109 with Institute with prof of your parent transfer and take prior approval from Institute.

Without documentory prof they will not approve your transfer.

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Ajay Mishra

Ajay Mishra (Expert)
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28 October 2013

Transfer/Termination of Articleship
[Regulation 56(1)]

In partial modification of the announcement dated 30th June 2009 regarding transfer / termination of articles the Council in its recent meeting has decided that the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible on
the grounds as stated below: -

I. Transfer /termination of articles is permitted without any restriction during the first year of articles.

II. During rest of the articleship period on satisfying any one or more of the conditions as stated below: -
1. Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
2. Transfer of parent(s) to another city.
3. Misconduct involving moral turpitude.
4. Other justifiable circumstances / reasons: -
(ii) Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -
a. Industrial Training (Regulation 51)
b. Secondment of articles (Regulation 54)
c. Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
d. Death of Principal [Regulation 57(1)(c)]
e. Ceasing of practice by the Principal [Regulation 57(1)(a)]
f. Removal of name of the Principal from the Register of Member due to any reason
[Regulation 57(1)(b)]

(iii) Marriage basis (only if there is relocation to another city involving distance of 50 kms).

(iv) Irregular payment or non payment of stipend with reference to Regulation 67.

(v) Articled assistant desires to serve balance period of training outside India.

(vi) Shifting by the Principal to another city involving distance more than 50 kms.

The articled assistants are required to get the consent of the Institute before getting Form 109 signed by the Principal in their own interest.

The request, on any one or more of the aforesaid grounds, of an articled assistant on a plain paper alongwith the recommendation/ consent of the Principal for transfer / termination of articleship accompanied by evidence/proof (self-attested by the articled assistant) to the satisfaction of the Institute be made.
Request for transfer not accompanied by consent of Principal shall not be accepted.

In case of dispute between principal and articled assistant, the matter be settled amicably among the articled assistant and the principal concerned and the Institute shall not interfere in such cases.