Search Results Page
Search Results
1 - 10 of 16 (0.31 seconds)Cuddalore Municipality vs The Joint Commissioner Of Gst & on 22 March, 2021
8. For the foregoing reasons, the impugned order dated 30-9-2022
passed by the respondent is hereby quashed and the matter is
remanded back to the respondent for fresh consideration on merits
and in accordance with law, within a time frame to be fixed by this
Court. The respondent shall pass final orders, after giving due
consideration to the orders of this Court in the cases of (a) Cuddalore
Municipality v. Joint Commissioner of GST and Central Excise in W.P.
No. 8900 of 2017, dated 22-3-2021 as well as (b) St. Thomas Mount
Cum Pallavaram Cantonment Board v. The Additional Directors and
others in W.P. Nos. 28468 and 28080 of 2021, dated 10-8-2022,
within a period of twelve weeks from the date of receipt of a copy of
this order.
Finance Act, 1999
Article 243W in Constitution of India [Constitution]
R.Nambi vs Tenkasi Municipality on 24 September, 2014
The Ld. Single Judge also referred to the case of
R. Nambi vs. Tenkasi Municipality [(2015) (37) S.T.R 696 (Mad.)]. The
petitioner therein was a licensee of the Tenkasi Municipality and challenged
the demand of service tax served by the Municipality. In these cases the
taxability in general was considered. The issue as to whether local authority
(Panchayat, Municipality, Corporation) would be liable to discharge service
tax as these services are provided in discharge of sovereign function was not
considered.
Madurai Power Corporation (Pvt) ... vs The Deputy Commissioner Of Central ... on 8 August, 2007
The relevant paragraphs of the judgment in the case of Madurai
Corporation (supra) reads as under:-
M/S Shubh Timb Steels Limited vs Union Of India And Another on 22 November, 2010
i. Shubh Timb Steels Ltd. Vs. Union of India [2011 (37) GST 46 (P&H)]
ii. Utkal Builders Ltd. Vs. UOI [2011 (22) STR 257 (Ori.)]
iii.
Home Solutions Retails (India ) Ltd. vs Union Of India Ministry Of Finance on 7 February, 2014
iv. Home Solution Retail (India) Ltd. Vs. UOI [2011 (24) S.T.R. 129 (Del.)],
Home Solution II
In these cases there was no specific discussion upon the issue whether local
authority would be liable to pay service tax. In the case of Madurai
Corporation, the Ld. Single Bench Judge sustained the demand mainly on
the view that it was observed by the Hon'ble High Court in the batch case
that the Municipality can pass on the burden of service tax to the tenant
(recipient of service tax).