Query on service tax on legal fees

Queries 762 views 5 replies

Dear 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?

 

Replies (5)

It is professional fees not a legal fees. hence there is no need to treat it under reverse charge.

It is professional fees not a legal fees. hence there is no need to treat it under reverse charge.

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

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.

But advocate have taken stay order Regarding Reverse Charge date on 21.09-12 I guess


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