Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 Good news for taxpayers: ITR forms updated to allow 87A tax rebate claims, but there's a catch
 Top 10 income tax changes from 2024 to look out for while filing ITR in 2025
 15 income tax rule changes in 2024 that will impact your ITR filing in 2025
  How to check income tax return (ITR) status
 Income tax rules: How much cash can you receive in one day to avoid an I-T notice?
 Tax saving tips: How you can reduce tax burden under the new regime

Supreme Court stays levy of service tax on lawyers
August, 11th 2015

The Supreme Court on Monday stayed the Bombay high court order dismissing a challenge to the levy of service tax on lawyers.

A bench comprising chief justice H.L. Dattu, justice Amitava Roy and justice Arun Mishra tagged the matter with similar petitions before the apex court. It also stayed the high court order of 15 December.

High court bar associations from Andhra Pradesh, Guwahati, Chennai and Delhi have challenged the levy of service tax on lawyers as per Section 65 of the Finance Act, 2011. This provision seeks to levy service tax on fees paid by clients to lawyers.

Within four days of its introduction, it was stayed by the Delhi high court.

The petition, a copy of which Mint has reviewed, states that the imposition of the tax is oppressive, unjust, unreasonable and ultra vires (beyond legal authority) of the right to equality and freedom to carry on a trade or profession. It argues that the relationship between a client and lawyer must not be seen as that of a service provider and a client as the lawyer is merely a representative of his client.

The petition strongly condemned the hasty manner in which the Bombay high court had addressed the issue as the levy, being in the nature of a federal tax, could not vary in various jurisdictions.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2025 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting