Advocates are required to enroll as GST Practitioner in violation of Advocates Act !

Goods   &  Services Tax  Act has been introduced after various debates and discussions in Parliament to replace the present Value Added Tax Act to reform the Tax structure prevailing all over India on 1st July, 2017.  With  the introduction of this innovative GST, the business community covered and spread  all over the country are required to get themselves migrated from VAT to GST regime and for this purpose already registered dealers under VAT are required to meet certain formalities laid down by the GST regime. No doubt, the business community at the initial stages are facing certain teething troubles with the introduction of this innovative system without affording them reasonable time for switching over to this new GST regime but at the same time the Govt. has prescribed procedure for the present Tax

Practitioners practicing on VAT field to get themselves enrolled as Goods & Services Tax Practitioners/ GST practitioner online.

In context to the above requirement for the  GST Practitioners, it is brought to the notice of the Appropriate Authorities that when Advocate is registered with the Bar Council of India, he is at his own free will entitled to practice in any field of law. But in GST every Advocate who wants to practice GST law required to enroll themselves as Goods & Services Tax Practitioners/ GST practitioner. It clearly construe that  his practice is confined only to that filed & amounts to infringement of his fundamental right to carry on any profession of law guaranteed under Advocates Act read with Constitution of India. This is unethical and against the law of land and needs to be withdrawn.

Check HSN Code list under GST here

View Comments (14)

  • You have rightly said, Adv. can represent XYZ before abc by virtue of enrollment with BCI & duly covered under BCI Rule to take action for misconduct in the course of pleading & acting. As others are not covered action for misconduct, other than Advocates are mandatorily required to take registration as GSTP to enable GST council to take action for misconduct in pleading & acting.

  • Advocate entrolement under GST Regime is unconstitutional one. Advocate need not enrole under GST since Advocate entitle to practice any law inwhich Bar council enrolement is more.

  • GST PRACTIONER ARE ALSO AUTHORISED TO APPEAR FOR BACK OFFICE OR ANY AUTHORITY AS PRESCRIBED IN GST ACT. As mentioned in above is not correct. Upto the Authority level except Court GST Practioner can represent the matter.

  • When .CAs are restricted to gst filing work without registration and passing the mandatory exams who are pandits of accounts . Advocates has one paper of tax in their syllabus.
    They can very well represent their client in court for any matter.

    Govt is right. If you wants to do filing work pass examination related to get.

  • Advocate is the professional practice who recognised by Bar council of India. Now question 1) whether the G.S.T. out of Law. 2) Whether the simple graduate know G.S.T. Law. 3) Whether all the G.S.T. practitioner can practice court of Law. 4) Whether the all the G.S.T. practitioner allowed to conduct in the matter controvercy of Tax Law before the authority.

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