Kerala State Financial Enterprises LTD.(Udiyankulangara Branch) vs. Union Of INDIA

WP(C)/35572/2018HC KeralaGSTCNR KLHC01082010201823 November 2018Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU14 pages
AI SummaryPartly Allowed

Held

The Court held that the petitioner is not liable to pay service tax before 14.05.2015, setting aside the demand to that extent. For the period after 14.05.2015, the authorities were directed to consider the issue in light of Supreme Court and High Court judgments.

Facts

The petitioner, a Non-Banking Financial Company, challenged show cause notices and orders demanding service tax on chit-fund business. The petitioner sought to affirm they were not liable to remit service tax for the period from 2007-2012.

Key Issues

Whether the petitioner is liable to pay service tax on chit-fund business for the period between 2007 and 2012, and whether prior judicial pronouncements cover the liability.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY ,THE 23RD DAY OF NOVEMBER 2018 / 2ND AGRAHAYANA, 1940 WP(C).No. 35572 of 2018 PETITIONER/S: KERALA STATE FINANCIAL ENTERPRISES LTD. (UDIYANKULANGARA BRANCH) FIRST FLOOR, APARNA BUILDING, NH 47 ROAD, UDIYANKULANGARA, THIRUVANANTHAPURAM-695122, REPRESENTED BY ITS LIAISON OFFICER (LEGAL), 3RD FLOOR, MORNING STAR BUILDING, KACHERIPADY, ERNAKULAM-18. BY ADVS. SRI.SANDEEP GOPALAKRISHNAN SRI.ANAND VIMAL SMT.JINNU SARA GEORGE SMT.MITHA SUDHINDRAN SHRI. ZAFAR ANTONIO RESPONDENT/S: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001. 2 COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX (APPEALS), CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, COCHIN - 680020. -2- W.P.(C). No. 35572 of 2018 & Con. Cases 3 ADDITIONAL COMMISSIONER CENTRAL GST AND CENTRAL EXCISE TRIVANDRUM COMMISIONERATE, ICE BHAVAN, PRESS CLUB ROAD, TRIVANDRUM - 695001. 4 JOINT COMMISSIONER CENTRAL GST AND CENTRAL EXCISE, P.B. NO.13, GST BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM - 695001. 5 ASSISTANT COMMISSIONER CENTRAL GST AND CENTRAL EXC

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.