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Do not harass lawyers exempt from GST by sending notices: Orissa HC
Case Law Details
- Case Name
- Devi Prasad Tripathy Vs. Principal Commissioner CGST and Central Excise (Orissa High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Orissa High Court
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Devi Prasad Tripathy Vs. Principal Commissioner CGST and Central Excise (Orissa High Court)
High Court expresses its concern that practising advocates should not have to face harassment on account of the Department issuing notices calling upon them to pay service tax/GST when they are exempted from doing so, and in the process also having to prove they are practising advocates. The Commissioner GST is directed to issue clear instructions to all the officers in the GST Commissionerates in Odisha that no notice demanding payment of service tax/GST will be issued to lawyers rende...
The recipient of the service has to pay GST to the service provider. Even if the practising advocates were to pay GST, it’s the recipient (s)/ clients if that advocate has to bear that tax portion in addition to the lawyer’s fee. By exempting GST to the practising advocates, the client is benefitted.
Why advocates alone ? Why other professionals can not be exempted if service done to individuals other than corporates or business houses.?
Why are advocates exempt from GST, is it because most politicians are advocates. Supreme court lawyers who charge 25 lks per hearing don’t pay GST ! What an injustice ? Non corporates and individuals don’t even pay on reverse cash basis.
It’s time this rule is changed.