TMI Blog2010 (6) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... overy of the service tax on the renting of immovable property by the petitioners, on the basis of the provisions of Section 65 (105) (zzzz) as amended by the Finance Act, 2010, for the period 01/06/2007 to 01/04/2010. - Operation of retrospective amendment stayed - 12681 of 2010 - 15963 of 2010 - - - Dated:- 7-6-2010 - Goda Raghuram and Noushad Ali, JJ Appellant Represented by: Sri S Niranja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax under the provisions of the service tax matrix of the Finance Act, 1994, as now amended. Sri S.Niranjan Reddy, learned counsel for the petitioner, would urge several contentions to buttress the grounds of challenge to the impugned provisions, including that the renting of immovable property per se would not constitute any value addition falling within the lubric of service and that the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s these provisions stood prior to the amendment by the Finance Act, 2010), that the renting of immovable property for use in the course of or furtherance of business of commerce by itself cannot constitute service; and therefore, the legislative dynamics qua the provisions of the Finance Act, 2010, would not be a valid exercise as a validating legislation to remove the substratum of the ratio of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zz) in so far as their prospective application is concerned. The challenge as to the retrospectivity of the provisions, in our considered view and prima-facie is on more substantial grounds. On the prima-facie analysis above, the respondents are directed, pending further orders in this application or in the writ petition, not to initiate any coercive steps for recovery of the service tax on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
