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Applicability of Reverse Charge on LLP
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....pplicability of Reverse Charge on LLP<br> Query (Issue) Started By: - Greeshma Vp Dated:- 29-12-2015 Last Reply Date:- 2-1-2016 Service Tax<br>Got 8 Replies<br>Service Tax<br>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 dif....
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....ferent 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. Reply By Rajagopalan Ranganathan: The Reply: S....
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....ir, Notification No. 30/2012-ST dated 20.6.2012 (effective from 1.7.2012) prescribes those entities who have to pay service tax on reverse charge mechanism. In para 1 A (ii) (f) it is stated that taxable services provided or agreed to be provided by any partnership firm whether registered or not under any law including association of persons. In my opinion LLP is also a partnership firm and hence....
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.... it is liable to discharge service tax on by reverse charge mechanism. Reply By Greeshma Vp: The Reply: Sir, The reference you have made is true for GTA service. But the position on partial reverse charge services like Works contract and Rent a cab is still not clear. Reply By Rajagopalan Ranganathan: The Reply: Sir, As per Section 2 (d) of the Limited Liability Partnership Act, 2008 'b....
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....ody corporate' means a company as defined in Section 3 of Company's Act, 1956 and includes (i) a limited liability partnership registered under this Act, (ii) a limited liability partnership incorporated outside India and a company incorporated outside India. In view of the above LLP is a body corporate Reply By Ganeshan Kalyani: The Reply: Good question and brilliant answer. Thanks. Repl....
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....y By KASTURI SETHI: The Reply: Replies by Sh. Rajagopalan Ranganathan always enhance my knowledge in all the fields. Whenever I find some problem I go through his replies posted in the past years. I really relish his active participation in this forum. Reply By Ganeshan Kalyani: The Reply: Right Sir. I agree to your point. Reply By Rajagopalan Ranganathan: The Reply: Thanks for the complementar....
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....y remarks posted by experts in this forum Reply By Greeshma Vp: The Reply: Thank you for sharing your views with clear references. The info is really helpful.<br> Discussion Forum - Knowledge Sharing ....