🔥(GST IN हिंदी) #Advocates and #GST || #GST ON #LEGAL #SERVICES | #GST ON #ADVOCATE |Shubham sharma
🔥(GST IN हिंदी) #Advocates and #GST || #GST ON #LEGAL #SERVICES | #GST ON #ADVOCATE |Shubham sharma Presentation on Gst amd Advocate :- https://ift.tt/2NlMIxs Legal Services 1. Definitions: Advocate: As per Para 2(b) of Notification no. 12/2017- CT(R), “advocate” has the same meaning as assigned to it in clause (a) of sub-section (1) of section 2 of the Advocates Act, 1961 (25 of 1961); As per Advocates Act 1961, ‘Advocate’ means an advocate entered in any roll under the provisions of this Act and “Roll” means a roll of advocates prepared and maintained under this Act. Hence, Advocate means Advocate on roll in India means advocate whose name is entered in register of advocate prepared by Bar Councils. In case of foreign lawyers, they are not to be treated as an advocate in India as they are not on roll of advocates of any bar councils in India. Senior Advocate:As per Para 2(zzd) of Notification no. 12/2017- CT(R), “senior advocate” has the same meaning as assigned to it in section 16 of the Advocates Act, 1961. As per Advocates Act 1961, ‘Senior Advocate’ means an advocate who may be designated as senior advocate if Supreme Court or High Court is of the opinion that by virtue of his ability standing at Bar or special knowledge or experience in law he is deserving of such distinction. Legal Services: As per Para 2(zm) of notification no. 12/2017-CT, “legal service” means any service provided in relation to advice, consultancy or assistance in any branch of law, in any manner and includes representational services before any court, tribunal or authority; 2. Reverse Charge Mechanism on Legal Services: (vide Notification no. 13/2017 dated 28.06.2017) Sl. No. Category of supply of service Supplier of service Recipient of Service 2. [Services provided by an individual advocate including a senior advocate or firm of advocates by way of legal services, directly or indirectly. An individual advocate including a senior advocate or firm of advocates. Any business entity located in the taxable territory. 3. GST Exemptions available to Advocates: (Vide Entry no 45 of Notification no. 12/2017-CT(R) dated 28.06.2017) Service provided by- (b) a partnership firm of advocates or an individual as an advocate other than a senior advocate, by way of legal services to (i) (i) an advocate or partnership firm of advocates providing legal services; (ii) (ii) any person other than a business entity; (iii) (iii)a business entity with an aggregate turnover up to such amount in the preceding financial year as makes it eligible for exemption from registration under CGST Act, 2017 (Previously it was, aggregate turnover up to twenty lakh rupees (ten lakh rupees) in the case of special category states) in the preceding financial year) (iv) (iv) the Central Government, State Government, Union territory, local authority, Governmental Authority or Government Entity;] (c ) a senior advocate by way of legal services to (i) (i) any person other than a business entity; (v) (ii) a business entity with an aggregate turnover up to such amount in the preceding financial year as makes it eligible for exemption from registration under CGST Act, 2017 (ii) (iii) the Central Government, State Government, Union territory, local authority, Governmental Authority or Government Entity.] are exempt Analysis: Legal services provided by Individual/ Partnership firm of advocates to other advocates/firm of advocates, non- business entities (i.e. for personal purpose), unregistered business entity (i.e. less than 20lakhs turnover) and Government. Legal services provided by senior advocates to any person other than business entity (i.e. for personal purpose), non- business entities(i.e. less than 20lakhs turnover) and government. But services by senior advocates to any other advocate or firm of advocates are not exempt. 4. When are Advocates required to be registered under GST? : Relevant Provision As per section 23 of CGST Act, Suppliers who are engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this act or under IGST Act are not liable to registration. Registration requirement is exempt if supplies are wholly covered under Reverse Charge Mechanism (RCM). However if the advocate or advocate firm has any other taxable supplyand aggregate turnover exceeds Rs20 lakhsthen it is required to take registration under GST. =≠================================== hello doston aapka swagat hai teacher by passion ki Nahin video mein is video mein humne discuss kiya hai ki GST ki provision on advocates kya kahate HainGST mein advocates ke upar GST liability kab banti hai advocate ko kab GST ke andar registration kab leti haikab kab GST ke andar advocates ki service exam hoti hai aur kab kab under reverse charge Hoti hai mulakat ki service aur kab kab advocate ki service under forward charge hoti hai yahan per ham senior advocate ki services ke upar dekhenge aur form of advocates ki services ko bhi GST ke andar dekhenge .
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