Thursday, January 13, 2011

SC stays Delhi High Court order on taxing of rent

Supreme Court has stayed an order of the Delhi High Court, which stopped the Centre from recovering service tax on renting of immovable property for commercial use, including shops and malls, from some firms.

A Supreme Court bench comprising Justices Mukundakam Sharma and A R Dave stayed the interim order passed by the Delhi High Court on May 18, 2010. The Centre has challenged the order.

"There shall be an interim stay of the operation of the impugned judgement till the next date," said the apex court, directing that the matter be listed for next hearing on January 20.



ITEM NO.27 COURT NO.14 SECTION III

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil)....../2010
CC 16960/2010

(From the judgement and order dated 18/05/2010 in WP(C) No.
3398/2010 of The HIGH COURT OF DELHI AT N. DELHI)


UNION OF INDIA & ORS. Petitioner(s)

VERSUS

HOME SOLUTIONS RETAILS INDIA & ORS. Respondent(s)

(With appln(s) for c/delay in filing SLP and office report ))


Date: 10/01/2011 This Petition was called on for hearing today.


CORAM :
HON'BLE DR. JUSTICE MUKUNDAKAM SHARMA
HON'BLE MR. JUSTICE ANIL R. DAVE



For Petitioner(s) Mr.V.Tankha, ASG,
Mr.K.Swami,Adv.
Mr. B. Krishna Prasad,Adv.


For Respondent(s) Mr.H.N.Salve,Sr.Adv.
Mr.Mukul Rohtagi,Sr.Adv.
Ms.Radhika Gautam,Sr.Adv.
Mr. E.C. Agrawala,Adv.
Mr.Mahesh Agarwal,Adv.
Mr.Rishi Agrawala,Adv.
Mr.Amit Naik,Adv.


UPON hearing counsel the Court made the following

O R D E R



Delay condoned.

Issue notice.


There shall be an interim stay of the operation of the impugned judgment till the next date.

Let this matter be listed for consideration on 20.1.2011.

Counter affidavit shall be filed within one week.

Rejoinder affidavit, thereto, if any, could be filed before the next date.


KUSUM SYAL) (RENU DIWAN)
SR.P.A. COURT MASTER


Source: Rupesh Srivastava, TAXCORP

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