Tax on advocate

This query is : Resolved

MANOJ KUMAR SHARMA (Querist)
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08 September 2012 what is the matter of service tax in terms of advocate ? kindly convey me it's urgent.thanks in advance

CA Ayush Agarwal

CA Ayush Agarwal (Expert)
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08 September 2012 Yes, Sry,as Modifying, ST is Chrgeable Under Reverse Charge Mechanism wef 01/07/2012.
100% is Payable by Service Receiver.

CA Suresh Jain

CA Suresh Jain (Expert)
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09 September 2012 With due respect to Mr. Ayush Agarwal, I wish to differ that
Service provided by Advocates is not in Negative list u/s. 66D but as per clause 6 of notification 30/2012-st exemption is available to services provided by an individual as an advocate or a partnership firm of advocates by way of legal services to,-

(i) an advocate or partnership firm of advocates providing legal services ;

(ii) any person other than a business entity; or

(iii) a business entity with a turnover up to rupees ten lakh in the preceding financial year

Service is also a service specified under RCM

For further clarification please mail the query at sureshjain.nj@gmail.com and pay if you please Rs. 100 to 500 donation to the "KADAM" institute engaged in education to children of construction labours.
http://www.facebook.com/groups/kadamfoundation/
http://www.kadamfoundation.org/

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CA.Vinita Gupta

CA.Vinita Gupta (Expert)
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09 September 2012 Under Reverse Charge Mechanism wef July 1, 2012 Service Receipient has to pay Service Tax 12.36% to the Department whether the Lawyer is SSP or not. The Service Tax has to be deposited by way of GAR6 challan and depositing the money by 5th of next month in case of cheques/ cash and by 6th in case of online.
say for July it has to be deposited by 5th/6th of August.
Incase of further queries pls contact vinita_gupta25@yahoo,com