2014 (2) TMI 1338 - HC - Service Tax

Levy of Service Tax - Chitty transaction being pursued by the parties - Held that - The instance is accessible to Service Tax as per the decision in the case of ALL KERALA ASSOCIATION OF CHIT FUNDS VERSUS UNION OF INDIA 2013 (6) TMI 53 - KERALA HIGH COURT - petition dismissed - decided against petitioner.

Summary

Issues:
1. Interpretation of Section 65B(44) of the Finance Act, 1994 regarding services in relation to a chit.
2. Applicability of Service Tax on chit transactions in the State of Kerala.
3. Impact of judgments from Delhi High Court and Supreme Court on the case.

Interpretation of Section 65B(44) of the Finance Act, 1994:
The petitioner sought a writ of mandamus to declare that services related to a chit do not fall under the definition of 'service' as per Section 65B(44) of the Finance Act, 1994. The petitioner relied on judgments from the Delhi High Court and the subsequent Supreme Court order to support their claim. However, the court noted that a previous decision had already held that such services are subject to Service Tax, as per a judgment reported in 2013. Consequently, the court found it challenging to accept the petitioner's argument and declined interference, ultimately dismissing the writ petition.

Applicability of Service Tax in Kerala:
The petitioner argued that since there was no Service Tax on chit transactions in Delhi, they faced difficulties in explaining the tax position to customers in Kerala. However, the court emphasized that the absence of Service Tax in Delhi does not automatically apply to transactions in Kerala. The court highlighted that the petitioner did not have any business presence in Delhi, and the judgments from the Delhi High Court and the Supreme Court did not directly impact the transactions conducted in Kerala. Therefore, the court concluded that the Delhi judgments did not affect the Service Tax applicability in Kerala and dismissed the petitioner's claim.

Impact of Delhi High Court and Supreme Court Judgments:
The petitioner relied on a judgment from the Delhi High Court and a subsequent Supreme Court order to argue against the applicability of Service Tax on chit transactions. The court acknowledged these judgments but clarified that the decisions made in Delhi did not automatically invalidate the Service Tax liability in Kerala. The court highlighted that a previous judgment had already established the taxability of such services in Kerala. Therefore, the court declined interference based on the Delhi judgments and dismissed the writ petition, reinforcing the existing stance on Service Tax applicability in Kerala.

This comprehensive analysis of the judgment addresses the interpretation of relevant legal provisions, the specific context of the case, and the impact of previous judgments on the final decision reached by the court.