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

Non issue of notice u/s 143(2) for even belated ITR filed u/s 148 makes assessment void ab initio

Non issuance of notice u/s 143(2) for return filed u/s 148 even though belatedly, makes the assessment framed bad in…

4 days ago
  • Insurance

Calculation of functional disability depends on victim’s earning capacity in open market – SC

Calculation of functional disability depends on assessing the victim’s earning capacity in the open, competitive market – Supreme Court In…

5 days ago
  • Income Tax

Appeal against ITAT shall lie only before High Court within whose jurisdiction AO is situated

Appeal against every decision of ITAT shall lie only before the High Court within whose jurisdiction the Assessing Officer who…

6 days ago
  • Excise/Custom

SC recommends action against Customs Officer who relied upon AI generated fake case laws

Supreme Court recommends action against Commissioner of Customs who relied upon non-existent AI generated case laws. Supreme Court recommends action…

1 week ago
  • Income Tax

Non- payment of cost imposed can’t trigger automatic confirmation of an invalid exparte assessment.

ITAT power to pass such orders "as it thinks fit" implies a judicial discretion to be exercised within the parameters…

1 week ago
  • Income Tax

Non-deduction of TDS does not make transaction as unexplained in the hands of deductee – ITAT

Mere non-deduction of TDS by the deductor on a transaction does not change the character of the transaction to make…

2 weeks ago