Lawyers
Lawyers
News

Service Tax notices to advocates arbitrary and illegal, BCD writes to Union Finance Minister Nirmala Sitharaman

In its letter dated January 15, the Bar Council of Delhi has asserted that advocates do not fall within the ambit of service tax and service tax liability.

Aditi Singh

The Bar Council of Delhi has written to the Union Finance, Nirmala Sitharaman raising “strong objections” against the issuance of notices to individual advocates for "Service Tax Assessment" for the period FY 2015-16 to April- June, 2017.

In its letter dated January 15, the Bar Council of Delhi has asserted that since advocates do not fall within the ambit of service tax and service tax liability, the question of making service tax assessment against advocates does not arise.

“The Advocates were exempted for taking registration and filing return, etc. Whereas such notices have made serious imputation against advocates that they have not deposited service tax, whereas the law casts no such obligation on the advocates. Therefore, the question of making service tax assessment against advocates does not arise and such notices issued are non-est on law. Late Shri Arun Jaitely, the then Finance Minister categorically stated that it will npt be applicable to Advocates who have been exempted for taking registration and filing return, etc GST too.”
BCD Letter
Bar and Bench - Indian Legal news
www.barandbench.com