Reverse charge mechanism in legal services

Rohit Gupta (Audit Executive) (271 Points)

02 February 2014  

In case of Legal Services of Advocate or Advocate Firms, reverse charge mechanism is applicable w.e.f. 1-7-2012 i.e. service tax is payable wholly by service receiver if service provider is Individual Advocate or Advocate Firms and the service receiver is Business Entity having turnover exceeding  ten lakhs per annum, located in taxable territory.

However, High Court of Delhi vide order dated 21.09.2012 has stayed the implementation of this amendment in a petition (W.P.(c) No. 5957/2012) led Mr. A.S.Chandhiok, Sr. Adv. with Mr. Ruchir Bhatia, Adv. for Delhi Tax Bar Association.Next Hearing was scheduled to take place on 27.11.2012.

I would like to know the current status that whether the service tax is required to be paid by the service receiver on the above services on reverse charge basis or not? In brief i want to know what happened in the further hearings and what is the most latest status of this???