13 April 2013
Dear Sir, One of my client has this situation. They have availed services of an individual advocate for a high court case. The advocate has raised the invoice on us on 12/10/2012( after new amendment came into effect). But the service availed relates to the period Feb'12 ( before new amendment ) . Now should i go by the invoice date or by service availed period to determine my liability under reverse charge mechanism. Pls Help. Thanks in advance
15 April 2013
to cover the similar situation a new rule No. 5 has been inserted in point of taxation rules. so check that one if that helps. though their are ambiguity in rule regarding service provided or not. though it may be helpful for your situation. No clarification so far has been given by the department. according to my understanding of the said rule, service tax has to be paid on reverse charge basis. though consider the conditions in case of reverse charge when services from advocate> eg, your client must b a business entity having the turnover more than 10 lacs in the proceeding year.
CAclubindia
