Lalit Sangani (M.Com. Asst. Manager Account) (731 Points)
20 August 2015Dear All,
If any company having turnover more than 10 lacs received service from any consultant and consultant is a practioner advocate not a qualified advocate, my query is :
> service tax liablity will be applicable on bill raised by consultant.
> what is meaning of advocate.
Thanks in advance for your reply.
Mir Irshad Ali
(Partner)
(192 Points)
Replied 21 August 2015
In terms of Notfn No. 30/2012-S.T the service tax on Reverse Charge Mechanism is to be paid by the servicev recipient in respect of services "provided or agreed to be provided by individual advocate or a firm of advocates by way of legal services".
Thus service tax is payable by recipient only in case of services by "individual advocate or a firm of advocates"
Under Notfn No. 25/2012-S.T "advocate" is defined as "“Advocate” has the meaning assigned to it in clause (a) of sub-section (1) of section 2 of the Advocates Act, 1961 (25 of 1961)"
Thus, it appears that the services by a "qualified" advocate are only taxable under RCM.
CAclubindia
