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Bar Association, High Court, Calcutta & Another Versus Union of India & Others

2016 (4) TMI 398 - CALCUTTA HIGH COURT

Challenge to notifications bearing nos.9/2016, 18/2016 and 19/2016, all dated March 1, 2016 - Seeking amendment in previous notifications of June 30, 2012 pertaining to service tax - Payment of service tax by Senior Advocates on the basis of issue of .....

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es with effect from April 1, 2016 without affording the Parliament an opportunity to discuss the matters covered by the Finance Bill. - Held that:- Prima facie, it appears that the changes sought to be brought about may unreasonably prejudice Sen .....

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gist of this petition to be advertised within a fortnight from date in two leading English dailies having national circulation. The advertisements will call upon Senior Advocates interested to oppose the cause to apply to be impleaded. Senior Advocat .....

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t : Mr. R N Bajoria, Sr. Adv. Mr. S K Kapur, Sr. Adv. Mr. J P Khaitan, Sr. Adv. Mr. A Chakraborti, Adv. Mr. P Jhunjhunwala, Adv. Mr. A Gupta, Adv. Mr. P K Jhunjhunwala, Adv. Mr. S B Saraf, Adv. Md. T M Siddiqui, Adv For the Respondent : Mr. Koushik C .....

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ifications bearing nos.9/2016 and 18/2016, both dated March 1, 2016,seeking to amend previous notifications of June 30, 2012 pertaining to service tax. The petitioner also challenges another notification bearing no.19/2016 dated March 1, 2016seeking .....

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ees, have also been challenged. The petitioners refer to an instruction issued by the Central Board for Direct Taxes on July 22, 1974 covering the Wealth Tax Act, 1957. Such instructionno.720/CBDT recognised that advocates who plead on the Original S .....

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lay clients for payment of the former's fees. Upon service tax being introduced by the Finance Act, 1994, several exceptions were made, particularly as to who would be liable to pay service tax on account of Senior Advocates and when such tax wo .....

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with effect from April 1, 2016 without affording the Parliament an opportunity to discuss the matters covered by the Finance Bill. Prima facie, it appears that the changes sought to be brought about may unreasonably prejudice Senior Advocates. Affid .....

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