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Issues: Whether the operation of specified service tax notifications should be stayed pending further hearing and whether the reverse charge mechanism for Senior Advocates should continue meanwhile.
Analysis: The Court noted that a similar constitutional challenge had been entertained by the Gujarat High Court and, in order to maintain consistency, granted interim protection. The stay was confined to the operation of the specified portions of the notifications, while directing continuation of the existing reverse charge mechanism for payment of service tax for Senior Advocates.
Conclusion: The operation of the specified portions of Notification No. 9/2016-ST, Notification No. 18/2016-ST and Notification No. 19/2016-ST was stayed, and the respondents were directed to continue the reverse charge mechanism under Notification No. 30/2012-ST until the next date.
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