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CA. Sachin Data

09-Jun-2011 , 05:54:40 am

LLP is an AOP as per the LLP Act. Further, under IT Act, the definition of person is enough to include any AOP whether incorporated or not. So,as per my information, under the IT Act, LLP is not treated as a firm though its tax treatment is similar to the firm. As far as Service Tax is concerned, there is no need for determining the status as any one providing the relevant services is under the liability of service tax.

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Krunal

09-Jun-2011 , 07:40:03 am

Thanks for valuable comment. But as per my knowledge in case of LLP Act no where it has mentined that LLP is a AOP. Instead of that definition if LLP in the act says that LLP is a body corporate and body corporate itself has a wide meaning. I am agree that ST liabiliy will be there but payment cycle will be change Monthly or Quarterly?