Corporate Law : Legal profession is said to have emerged in the middle of the 12th century and it became more prominent during the 13th century as...
Income Tax : Legal fees is deemed to accrue or arise in India, whether or not non-resident has place of business in india or has rendered servi...
Excise Duty : If any officer is interested in preparing E-book on any topic relating to Customs, Central Excise or Service Tax, he may forward t...
Service Tax : Prior to Finance Bill 2016, Legal Services were covered under reverse charge mechanism as per Notification No 30/2012-ST dated 20...
Service Tax : Since March, 2016 there has been number of amendments has been made in respect to service tax on legal services and the same has b...
CA, CS, CMA : In a very interesting move which may not be a good news for practicing CA, CS, CMA etc. who are engaged in practice in the area of...
Custom Duty : The Customs and Central Excise Department requires Advocates for representation before the Hon’ble High Court of Bombay, Mumbai ...
Company Law : Government is working on a Bill that envisages an Ombudsman to look into the complaints against lawyers and a Legal Services Board...
Finance : Government of India has evolved a Scheme named Rajiv Gandhi Adhivakta Prashikshan Yojna (Rajiv Gandhi Advocate’s Training Scheme...
Service Tax : Ministry of Finance has today issued the above Notification amending Point of taxation Rules, 2011. Rules 7 has been substituted ...
Corporate Law : No mandatory directions, much less directions, can be issued to the State Legislature to include the legal services rendered by th...
Service Tax : 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) ...
Service Tax : The petitioner is a designated Senior Advocate practising in this Court and challenges notifications bearing nos. 9/2016 and 18/20...
Service Tax : It was claimed by the Petitioner P. C. Joshi who is an advocate by profession that section 65(105) (zzzzm) of the Finance Act, 199...
Corporate Law : The legal profession is a noble profession. It is not a business or a trade. A person practising law has to practise in the spirit...
Service Tax : Seeks to amend notification No. 30/2012-Service Tax dated 20th June, 2012, so as to prescribe extent of payment of service tax by ...
Service Tax : In relation to service provided or agreed to be provided by a senior advocate by way of representational services before any court...
Service Tax : CBEC exempted services provided by a senior advocate by way of legal services to- (i) any person other than a business entity; or ...
Service Tax : Delhi High Court stay order in W.P. 2892/2016 filed by Mr. Kavin Gulati and W.P. 2891/2016 filed by M/s Delhi High Court Bar Assoc...
The legal profession is a noble profession. It is not a business or a trade. A person practising law has to practise in the spirit of honesty and not in the spirit of mischief-making or money-getting. An advocate’s attitude towards and dealings with his client has to be scrupulously honest and fair.
In order to discuss, Advocates is the only recognized class of persons entitled to Practice the profession of Law. It will be imperative to go through the Advocates Act, 1961, The Indian Power of Attorney Act, 1882 and The Constitution of India.
In a very interesting move which may not be a good news for practicing CA, CS, CMA etc. who are engaged in practice in the area of Law and taxation, Rajasthan Tax Bar Association have filed a petition before Chief Commissioner of Income Tax (CCIT), Rajasthan and urged him to not to allow any one […]
Service tax on Legal Services provided by advocate (whether individual or firm) to any business entity has been imposed vide the Finance Act, 2012 under reverse charge mechanism wherein service recipient is liable to deposit service tax on fees paid to advocates.
A good legal system represents good governance in the Country. We may say that India is a vibrant democracy and we may further proudly say that Indian society reflects ‘Unity in Diversity’. There are critics of democracy and they show caste politics, purchasing votes in elections, leaders looting billions of public money and criminals getting elected in the elections. Whatever may be the achievements of India and the criticism, the fact remains that India is a complex nation and issues are so complex.
Advocates were resisting being brought within the ambit of Service Tax by their argument that their basic function is to assist the Court in effective justice delivery system and while doing so they function more like officers of the Court than as service provides. They were assisting the litigants in obtaining justice and that charging of fees was just ancillary to the main object. However, appreciating the popular sense they have agreed to be so covered by the Finance Act 2012, albeit in a restricted manner.
The Customs and Central Excise Department requires Advocates for representation before the Hon’ble High Court of Bombay, Mumbai and other Statutory bodies/authorities like Tribunals/BIFR/AAIFR/DRT in the matters relating to Indirect Tax Laws. Practicing Advocates and retired officers of the Customs & Central Excise Department who are enrolled/registered as Advocates with the High Court of Bombay, Mumbai are eligible to apply.
Government is working on a Bill that envisages an Ombudsman to look into the complaints against lawyers and a Legal Services Board that would regulate law practices in the country. Giving this information in written reply to a question in Rajya Sabha, Shri Salman Khurshid, Minister of Law & Justice informed the House that a draft Bill titled “Legal Practitioners (Regulation and Maintenance of Standards in Profession,
Rajendra G. Shah V/s Maharashtra State Electricity Distributiohn Company Limited (Bombay High Court) -The petitioner had thus admitted even in the plaint in the suit that the premises were used exclusively for the purpose of office not only by him but were shared with another advocate principally practicing in Mumbai. In view of the fact that the suit premises are exclusively used for the purpose of office, the petitioner is not entitled to claim that he should be charged for electricity consumed at the rate meant for domestic use, i.e. LT I – Residential use. The user of the suit is clearly a non-domestic and non-residential. The executing Court below therefore did not commit any error in holding that the decree which was passed in RCS No. 194 of 2000 was non-executable in view of the fact that the revised tariff had been fixed by the MERC which make the classification of the tariff only on the basis of domestic and non-domestic uses and not on the basis of residential use as opposed to commercial use.
Government of India has evolved a Scheme named Rajiv Gandhi Adhivakta Prashikshan Yojna (Rajiv Gandhi Advocate’s Training Scheme) to be launched on 27 June, 2011. The Scheme envisages selection of 10 young practicing Advocates from each State every year for being imparted professional training. This initiative is in sync with the Supreme Court directive in the case of State of Maharashtra vs Manubhai Pragaji Vashi (1995) 5 SCC 730 where the Court had observed that continuing and well organised legal education is absolutely essential reckoning the new trends in the world order and to meet the ever-growing challenges.
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