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Service Tax

Delhi HC too stays Service Tax on Senior Advocates

Case Law Details

TaxGuru Citation
2016 taxguru.in 271
Case Name
Delhi High Court Bar Association And Anr. Vs Union Of India And Ors. (Delhi High Court)
Date of Judgement/Order
Only available for paid members
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After Gujarat HC,  Delhi High Court too stays levy of Service Tax on Senior Advocates vide order passed today on 01st April 2016 in the case of Delhi High Court Bar Association And Anr. Vs. Union Of India And Ors.,  W.P.(C) 2891/2016 with CM APPL. 12126/2016 & CM APPL. 12127/2016.

Budget 2016 has levied Service Tax on Services Provided by Senior Advocates vide Notification No. 18/2016-ST  Dated 01/03/2016 , Notification No. 9/2016–ST Dated-01/03/2016 and Notification No.19/2016-ST Dated 01.03.2016.

Delhi High Court has directed by its order to Union of India  that till the next date the operation of the execution of para 1(a) (i) (b) of Notification No.9/2016-ST, para 1(a) (iii) and (b) (iii) of Notification No.18/2016-ST and para 2 (1) (a) of Notification No.19/2016-ST be and is hereby stayed and the Respondents are directed to continue the reverse charge mechanism for payment of service tax for Senior Advocates under Notification No.30/2012-ST.

Mr. M. S. Syali, Mr. A. S. Chandiok, Mr. A. K. Ganguly, Senior Advocates along with Ruchir Bhatia, Mayank Nagi, Advocates appeared for the Petitioner Delhi High Court Bar Association.

 Definition of Senior Advocate can be checked below

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