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| HC issues notice, orders for maintaining status-quo | | Service Tax on Banquet Hall, catering services challenged | | Early Times Reporter
Jammu | Nov 7
In a writ petition, challenging the service tax imposed on Banquet Hall and Catering Service, Justice YP Nargotra of J&K High Court Jammu Wing issued notice to State of J&K through Chief Secretary, Commissioner/Secretary Finance and Commercial Tax Officer Circle- I Jammu with the directions for serving the same to the respondents within a week’s time and in the meantime ordered to maintain status quo till the next date of hearing..
This direction has been passed in a writ petition filed by a owner of a local banquet hall situated at Greater Kailash challenging the imposition of service tax in the J&K State on various grounds including that under schedule “B” to impugned notification SRO 117/2007 dated March 30, 2007 are purported to have been issued, though the legislature has neither identified nor provided any guidelines for taxing the ‘Banquet Hall Services’ and ‘Catering Services’ therefore, the impugned SRO 117 is invalid and unconstitutional and ultra virus the J&K General Sales Tax Act.
During the course of the arguments, Adv DS Chouhan appearing for the petitioners submitted that under the J&K Sales Tax Act without any legislative competence under the constitution position of the J&K State is that the amendments made in the Constitution of India, do not IPSO- FACTO apply to the State of J&K unless adopted by it or made applicable mutatis and mutandis and prayed before for quashment of the said SRO. JNF |
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