2016 (5) TMI 846 - HC - Service Tax

Legal services - levy of service tax - Delhi court grant stays the operation of amendments with the following directions - It is directed that till the next date the operation of the execution of para 1(a) (i) (b) of Notification No.9/2016-ST para 1(a) (iii) and (b) (iii) of Notification No.18/2016-ST and para 2 (1) (a) of Notification No.19/2016-ST be and is hereby stayed and the Respondents are directed to continue the reverse charge mechanism for payment of service tax for Senior Advocates under Notification No.30/2012-ST.

Summary

Issues:
1. Constitutional validity of the levy of service tax on Senior Advocates and law firms.
2. Stay on the operation of specific notifications related to service tax.
3. Direction to continue the reverse charge mechanism for payment of service tax for Senior Advocates.

Analysis:
The High Court of Delhi, comprising S. Muralidhar and R. K. Gauba JJ., addressed the issue of the constitutional validity of the levy of service tax on Senior Advocates and law firms. The Court noted a similar challenge raised in the Gujarat High Court and directed a stay on the operation of specific notifications related to service tax. The Court ordered the Respondents to continue the reverse charge mechanism for payment of service tax for Senior Advocates under Notification No.30/2012-ST until the next date of hearing. The Respondents were given four weeks to file a reply and instructed to file a rejoinder before the next hearing scheduled for 27th September 2016. The Court ordered the issuance of the order dasti for compliance.