My query is whether a Limited Liability partnership is included in the term 'Body corporate' for the purpose of Reverse Charge mechanism for services like Manpower supply and works contract.
I have seen various different opinions expressed on this topic, some stating that LLP is included in definition of 'firm' and hence is not a body corporate. While there are some other views stating the definition of body corporate make no reference to definition of firm and hence LLP is not excluded from term body corporate.
Please share your opinion on this.
Is a Limited Liability Partnership a 'body corporate' for reverse charge service tax? Debate centers on legal definitions. A discussion on whether a Limited Liability Partnership (LLP) is considered a 'body corporate' under the reverse charge mechanism for service tax purposes, specifically for services like manpower supply and works contracts. Opinions vary, with some arguing that LLPs are akin to firms and not body corporates, while others cite legal definitions suggesting LLPs are indeed body corporates. A key reference is Notification No. 30/2012-ST and the Limited Liability Partnership Act, 2008. Participants express appreciation for the insights shared, particularly those of a knowledgeable contributor. (AI Summary)