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| Service tax on cable operators challenged | | HC issues notice to Commissioner Finance | |
JAMMU, JUNE 28- Vacation Judge of Jammu & Kashmir High Court Jammu wing Justice JP Singh, in a petition filed by 144 cable operators challenging service tax, has issued notice to Commissioner/Secretary Finance, Commissioner Sales Tax and Additional Commissioner Commercial Taxes for July 16, 2007.
The cable operators filed this petition in the state High Court through Advocate Rakesh Badyal and Advocate Rahul Sambyal challenging the SRO 117 of March 30, 2007 to the extent it levies service tax under the garb of sales tax on the services provided by the cable operators.
In the petition it has been submitted that respondents without any power and jurisdiction have attempted to play with clause within (h) of section 2 of J&K General Sales Tax Act by virtue of “Service” are attempted to define as “Goods”. The petitioners have challenged the powers and jurisdiction of the respondents that the levy of sales tax on the cable operators under the garb of service tax is totally against the spirit of Constitution of India, ultra virus to the Constitution of Jammu & Kashmir and contrary to the provisions of law, seeking quashment of the said SRO to the extent it levies service tax on the cable operators
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