gagan behari sahoo ( G.M (FINANCE)) (24 Points)
02 September 2013Sir,
In reverse charge mechanism under service tax, a service receiver must be a body corporate and a service provider shall be an individual/AOP/HUF/Partnershi Firm. But what is the position when a service provider is a limited company and a service receiver is a registered partnership firm which is not clarified the concerned notification of the department.
I sincerely seek an academic help in this context.
With sincere regards.
g b sahoo
CA LOVELY ARORA
(C.A. B.Com (H) Graduate)
(2151 Points)
Replied 02 September 2013
Dear Sir,
In the said notification i.e. N/N 30/2012, it is very well stated that it is applicable when the service provider is Body Corporate i.e. Limited Company also... kindly read this:-
I. The taxable services,—
(A) (i) provided or agreed to be provided by an insurance agent to any person carrying on the insurance business;
(ii) provided or agreed to be provided by a goods transport agency in respect of transportation of goods by road, where the person liable to pay freight is,—
(a) any factory registered under or governed by the Factories Act, 1948 (63 of 1948);
(b) any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India;
(c) any co-operative society established by or under any law;
(d) any dealer of excisable goods, who is registered under the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder;
(e) any body corporate established, by or under any law; or
(f) any partnership firm whether registered or not under any law including association of persons;
(iii) provided or agreed to be provided by way of sponsorship to anybody corporate or partnership firm located in the taxable territory;
Best Regards,
CA Lovely Arora
ca.lovelyarora @ gmail.com
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