Case Law Details
Case Name : P.C. Joshi Vs Union of India (Bombay High Court)
Related Assessment Year :
Courts :
All High Courts Bombay High Court
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In the case of P.C. Joshi Vs. Union of India, Bombay High Court has held that levy of service tax on advocates is Constitutional.
It was claimed by the Petitioner P. C. Joshi who is an advocate by profession that section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act 2009 and substituted by Finance Act 2011, proceeds to levy Service Tax on the Advocates. The understanding of the Petitioner and the association of advocates supporting him is that the amendment to Finance Act as referred
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Why tax on advocates and doctors ….?
That cost should be on public, if it is the case normal people wont go to doctors and lawyers again and additional cost of 14% to them.
Right step in the right direction. Lawyers are not holy cow. Similarly doctors should also be taxed
Service Tax on legal services provided by an individual advocate or a firm of advocates to any “Business Entity” is payable under reverse mechanism. However, is an individual person carrying on business as a sole proprietorship also included in the definition of the term “Business Entity” and liable to pay service tax on legal services availed of by him, or, is he excluded? Please advise.
AP High court should also make a note of this and withdraw the stay granted vide order dated 18.05.2011.
This is all BS. By this logic, even construction companies providing housing, and clothing companies and food providers – all who provide services related to this should not be subject to service tax. They all are providing basic necessities that every individual is entitled to. Right to justice and hence no Service Tax – what crap?
Dear Tax Guru !
I am running an Engineering College under a Trust in Chennai.
One of my Building Contractor says that – As per Service Tax rule, he will charge Service Tax @ 12.36 % from FY 2013-14 onwards.
We are a service receiver. We do not provide any service to anybody.
May I request your good selves to give me whether we need to pay that service tax amt now. Will there be any notification ? pls. let we know.
Regards