Writ Petition challenging service tax on lawyers

Lawyer

Forum Moderator

 

In the matter of:

 

 

Delhi High Court Bar Association & Anr.

Petitioners

 

VERSUS

 

Union of India & Ors.

Respondents



Attached File : 38 38 writ petition challenging service tax on lawyers.doc downloaded 428 times

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Advocate

Ultimtely the impugned levy of service tax will be held to be valid.  It is only interim drama being enacted and which we witness.


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Legal Consultant / Solicitor

is it possible to collect service tax from lawyers?

 
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Advocate

I Admire the Cause taken up by the Delhi Bar Association.

 
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Advocate

Dear Mr. Aravinthan,

Do you mean to say that it will be difficult to collect service tax crom lawyers?  Certainly not.

From 1.5.2011 what is sought to be taxed by way of service tax is only when any Advocate renders any representational services to any business entity, before any court, tribunal or authority.

The business entity is expected to pay for the services only through cheque.  Otherwise its expenses paid through cash will not be allowed as business expenses by the Income Tax Department. 

Thus if it pays through cheque, naturally it has to get an invoice from the lawyer.  The lawyer while raising the invoice has to include the service tax element.  The company will have to naturally pay the fees including the service tax element.

Having received the service tax component from the company/business entity, the lawyer cannot keep it with himself without remitting the same to the Government.  If does not remit, then he will expose himself to all the penal consequences.  Therefore, where is the difficulty to collect service tax crom lawyers?  More over the lawyers have to get themselves registered with the service tax department as well.


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The Bar Asso has my wishes.This is not a mere imposition of tax on a proffession,but it is rather a tax on the administration of justice.The Governmet does not want an independent judiciary,that s why its officers are always busy cutting the wings of judiciary.And these officials are now asking for a LEGAL RANSOM MONEY in the form of the so called service tax.sh*t.In India everybody is under the service tax except only those who actually do a "service".One day these people will impose service tax on Morgues and Cremetoriums.Beware of this service tax.The Finance Act,1994 empowers the central government to take EXTORTION MONEY LAWFULLY with penalty and interest theron.Bullsh*t.The Bar Council of India must call a meeting and then resolve to fight against this OFFICIAL EXTORTION.This notification must be struck down and thrown into the trash cane.Nowhere in the world this kind of a tax ever been imposed on lawyers.Do we live in a democratic country or in a dictatorship state? sometimes I really suspect.

 
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Advocate

Mr. John is only creating a hyperbole.  Service tax is not being imposed on any judiciary.  It is a fallacy being created by the opponents of service tax.  By imposing service tax neither the independence of judiciary is sought to be impinged in any way.  The arguments are irrational, not based on any legality but on emotional appeal. 

 
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A poor man first open his account and then pay to his lawyer then the lawyer go to bank and sumiit the cheque and then after ten days he collect the amount and then file there engagement latter before the court !

these stapes will become after services tax.

now the justice is not delaying?

 
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good stap by  district bar aasociation high court!

hatsoff!

 
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will tell you later

Please inform whether it is binding on Law firms only or on Individual lawers too?

 
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