Rinkal Bansal (proprietor) (57 Points)
15 January 2013Dear All,
If we pay Rs.15,000 has been paid as fees to the valuer for the purpose of valuation of property and this is done for the purose of business, whether it will be covered under legal service and service tax under reverse charge is to be paid on this or not?
sanjay singhal
(CA)
(987 Points)
Replied 15 January 2013
It is professional fees not a legal fees. hence there is no need to treat it under reverse charge.
sanjay singhal
(CA)
(987 Points)
Replied 15 January 2013
It is professional fees not a legal fees. hence there is no need to treat it under reverse charge.
Manoj Agarwal
(Service Tax Consultant Rourkela ServiceTaxExpert@yahoo.com)
(3456 Points)
Replied 16 January 2013
With due respect, In my opinion any fees paid to an Advocate, who is a professional, can be termed as Professional Fee. But the actual nature of such fee, if provided by an advocate in his professional capacity is Legal Fees. So, the service receiver should pay service tax on 100% portion, under reverse charge, if his turnover exceeded Rs. 10 Lacs in the preceding FY. (Not. 30/2012)
Regards,
Manoj
Manoj Agarwal
(Service Tax Consultant Rourkela ServiceTaxExpert@yahoo.com)
(3456 Points)
Replied 22 January 2013
The SSI exemption of Rs. 10 Lacs is not available to service recipient under sec 68(2) vide Not. No. 33/2012. So, the service receiver should pay service tax on 100% portion, under reverse charge, irrespective of his turnover.
Though this is a hardship on the service reciver, that's the law.
I regret my mistake in giving wrong opinion as above.
CA Deepak Rathore
(EXPERT)
(281 Points)
Replied 24 January 2013
But advocate have taken stay order Regarding Reverse Charge date on 21.09-12 I guess
Live class on PF & ESI Enrollment & Returns Filing(with recording)
CAclubindia
