Tvl Robin Recreation Club vs. The State Tax Officer

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WP(MD)/16343/2024HC MadrasGSTCNR HCMD01073029202419 July 2024Bench: HONOURABLE MR JUSTICE C. SARAVANAN8 pages
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Facts

The petitioners, Tvl. Robin Recreation Club and Tvl. Solai Thendral Recreation Club, filed writ petitions challenging assessment orders and demand notices issued by the respective State Tax Officers. The impugned proceedings pertained to the assessment years 2012-2013, 2013-2014, and 2014-2015. The assessment orders and demand notices were passed under the Tamil Nadu Value Added Tax Act, 2006. The petitioners sought to quash these proceedings as illegal. The respondent tax authorities contended that the petitioners were providing services to non-members, making the Supreme Court's decision in the Calcutta Club Limited case inapplicable.

Held

The Court held that the issue was covered by previous decisions of the Supreme Court and High Courts, including the Supreme Court's ruling in State of West Bengal and Others Vs. Calcutta Club Limited, which was followed by this Court in similar cases like M/s. Ootacamund Club Vs. The Principal Commissioner of GST and Central Excise, Coimbatore and Railway Officers Club, Chennai Vs. Additional Commissioner of Service Tax. The Court found no useful purpose in relegating the petitioners to file appeals before the Appellate Authority under the Tamil Nadu Value Added Tax Act, 2006. The Court also rejected the respondent's contention that the petitioners provided services to non-members, stating there were no records to substantiate this claim. Consequently, the impugned orders were quashed. The Court allowed the writ petitions.

Key Issues

1. Whether the impugned assessment orders and demand notices issued under the Tamil Nadu Value Added Tax Act, 2006, for the assessment years 2012-2013, 2013-2014, and 2014-2015 are liable to be quashed? Petitioner's contention: The petitioner argued that the issue is no longer res integra and is covered by numerous decisions of the Supreme Court and High Courts, specifically referencing the Supreme Court's decision in State of West Bengal and Others Vs. Calcutta Club Limited. They prayed for the allowance of the writ petitions. Respondent's contention: The respondent argued that the petitioner was providing services to non-members, and therefore, the Calcutta Club Limited decision is not applicable to the present case. They prayed for the dismissal of the writ petitions.

Sections Cited

Tamil Nadu Value Added Tax Act, 2006

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(MD) Nos.16343 of 2024 etc. batch BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2024 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD) Nos.16343 to 16345 and 16346 to 16348 of 2024 and W.M.P.(MD) Nos.14189 to 14196, 14201, 14202, 14207 & 14209 of 2024 W.P.(MD) Nos.16343 to 16345 of 2024 Tvl.Robin Recreation Club W-6/23 Main Road, Hanumanthanpatti, Uthamapalayam Taluk, Theni District rep. by its Secretary Mr.K.Reegan ... Petitioner in all W.Ps. Vs. The State Tax officer, Uthamapalayam Assessment Circle, Uthamapalayam, Theni District. ... Respondent in all W.Ps. Common Prayer: Writ Petitions filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari to call for the records pertaining to the impugned proceedings of the respondent in TIN No. 33475102906/2012-2013 dated 30.05.2023, TIN No. _____________ Page No. 1 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.16343 of 2024 etc. batch 33475102906/2013-2014 dated 30.05.2023 & TIN No. 33475102906/2014-2015 dated 30.05.2023 along with the Notices of Final Annual Assessment and Demand (Form-O) in TIN No. 33475102906/2012-2013 dated 30.05.2023, TIN No. 33475102906/2013-2014 dated 30.05.2023 & TIN No. 33475102906/2014-2015 dated 30.05.2023 and quash the same as illegal. For Petitioner in all W.Ps. : Mr.M.Sricharan Rangarajan Senior Counsel for Mr.C.Jeganathan For Respondent in all W.Ps. : Mr.R.Suresh Kumar Additional Government Pleader W.P.(MD) Nos.16346 to 16348 of 2024 Tvl.Solai Thendral Recreation Club W03-07/733, Sholavandan, Madurai District rep. by its Secretary Mr.M.Kulothungan ... Petitioner in all W.Ps. Vs. The State Tax Officer (ST), Madurai Rural West Circle, Madurai. ... Respondent in all W.Ps. _____________ Page No. 2 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.16343 of 2024 etc. batch Common Prayer: Writ Petitions filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari to call for the records pertaining to the impugned proceedings of the respondent in TIN No. 3352504366/2012-2013 dated 28.03.2024, TIN No. 3352504366/2013-2014 dated 28.03.2024 & TIN No. 3352504366/2014-2015 dated 28.03.2024 along with the Notices of Final Annual Assessment and Demand (Form-O) in TIN No. 33525043466/2012-2013 dated 28.03.2024, TIN No. 33525043466/2013-2014 dated 28.03.2024 & TIN No. 33525043466/2014-2015 dated 28.03.2024 and consequential proceedings in Asst.No.33525043466/2012-2013 dated 18.06.2024, Asst.No.33525043466/2013-2014 dated 18.06.2024, Asst.No. 33525043466/2014-2015 dated 18.06.2024 and quash the same as illegal. For Petitioner in all W.Ps. : Mr.M.Sricharan Rangarajan Senior Counsel for Mr.C.Jeganathan For Respondent in all W.Ps. : Mr.R.Suresh Kumar Additional Government Pleader *****

C O M M O N O R D E R By this common order, all these six Writ Petitions are being disposed of. _____________ Page No. 3 of 8 https://www.mhc.tn.gov.in/judis

2.

Mr.R.Suresh Kumar, learned Additional Government Pleader, takes notice for the respondent.

3.

In these Writ Petitions, the respective petitioners have challenged the impugned Assessment Orders dated 30.05.2023 and 28.03.2024 passed by the respondent for the Assessment Years 2012-2013, 2013-2014 & 2014-2015 under the provisions of the Tamil Nadu Value Added Tax Act, 2006 as follows:- Sl. No W.P.(MD) No. Petitioner's Name Date of the impugned order Assessment Year 1 16343/2024 Tvl.Robin Recreation Club 30.05.2023 2012-13 2 16344/2024 Tvl.Robin Recreation Club 30.05.2023 2013-14 3 16345/2024 Tvl.Robin Recreation Club 30.05.2023 2014-15 4 16346/2024 Tvl.Solai

Thendral Recreation Club 28.03.2024 2012-13 5 16347/2024 Tvl.Solai

Thendral Recreation Club 28.03.2024 2013-14 6 16348/2024 Tvl.Solai

Thendral Recreation Club 28.03.2024 2014-15

4.

The learned Senior Counsel for the petitioner would submit that the issue is no longer res integra and is covered by plethora decisions of the Hon'ble Supreme Court as also the High Courts. In this connection, a _____________ Page No. 4 of 8 https://www.mhc.tn.gov.in/judis reference was made to the decision of the Hon'ble Supreme Court in State was providing service to non-members and therefore, the above decision is not applicable to the present case. He would therefore pray for dismissal of these Writ Petitions.

6.

In fact, under the similar circumstances, this Court had already passed an order dated 06.01.2022 in W.P.No.11607 of 2019 in the case of M/s.Ootacamund Club Vs. The Principal Commissioner of GST and Central Excise, Coimbatore by following the decision of the Hon'ble Supreme Court in Calcutta Club Limited's case referred to supra. A https://www.mhc.tn.gov.in/judis

7.

Therefore, I do not wish to relegate the petitioner to file appeals before the Appellate Authority as no useful purpose will be served by relegating the petitioner to file appeals before the Appellate Authority under the provisions of the Tamil Nadu Value Added Tax Act, 2006. 8. That apart, the contention of the learned Additional Government Pleader for the respondent that the petitioner was providing service to non-members cannot be countenanced as there are no records to substantiate the same.

9.

Under these circumstances, the impugned orders are liable to be quashed and are quashed. Thus, these Writ Petitions are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. 19.07.2024 Index: Yes / No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order JEN _____________ Page No. 6 of 8 https://www.mhc.tn.gov.in/judis Copy To: 1.The State Tax officer, Uthamapalayam Assessment Circle, Uthamapalayam, Theni District. 2.The State Tax Officer (ST), Madurai Rural West Circle, Madurai. _____________ Page No. 7 of 8 https://www.mhc.tn.gov.in/judis C.SARAVANAN

, J.

JEN Common Order in W.P.(MD) Nos.16343 to 16345 and 16346 to 16348 of 2024 19.07.2024 _____________ Page No. 8 of 8 https://www.mhc.tn.gov.in/judis

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