Service Tax

Delhi High Court also Stays Service Tax on Senior Advocates

Two days after the Gujarat High Court stayed service tax on senior advocates, today, a division bench of the Delhi High Court comprising of Justice S. Muralidhar and RK Gaub also stayed the withdrawal of service tax exemption to Senior Advocates.

The Delhi High Court stayed provisions of Notification Nos. 18/2016-ST and 9/2016–ST which imposed service tax on senior advocates with effect from 1st April, 2016. The Court issued notice to the Union Government over a peition moved by the Delhi High Court Bar Association (DHBA) challenging the imposition of service tax on senior advocates.

Among others, the DHBA’s pettition took the stand that:

  • A Senior Advocate is an officer of the Court and assist in the administration of justice.
  • It would amount to double taxation which is against the underlying principles of value added tax.
  • The notifications would cause hardship not only to Senior Avocates but to all other advocates and their clients who avail the services of Senior Advocate.

 

Share

Recent Posts

  • Income Tax

Form 26 to replace Form 3CD of tax audit report by a CA from Tax Year 2026-27

Form 26 to replace Form 3CD of tax audit report from Tax Year 2026-27 Draft Form 26 has been issued…

18 hours ago
  • Income Tax

When no addition is made on the basis of reasons recorded, reopening is bad in law

When AO do not make any addition on the basis of the reasons on which the reopening was done, the…

19 hours ago
  • Insurance

No separate compensation for loss of love and affection under MV Act – SC

Under MV Act separate compensation can not be granted under the head “loss of love and affection” – Supreme Court…

2 days ago
  • Income Tax

Trust accredited by National Open School eligible for registration u/s 12AB & u/s 80G

Trust accredited by National Institute of Open Schooling eligible for registration u/s.12AB and u/s 80G of the Act. In a…

2 days ago
  • Income Tax

Delay in furnishing Form 10B – Covid Period to be excluded as per decision of Supreme Court

Delay in furnishing Form 10B – Period between 15.03.2020 till 20.08.2022 to be excluded as per decision of Hon'ble Supreme…

4 days ago
  • Income Tax

Section 271AAB does not grant any immunity from penalty in terms of section 273B

Section 271AAB does not grant any immunity from penalty even if the assessee was able to show some reasonable cause…

4 days ago