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Tamil Nadu Slum Clearance Board Versus Union of India, New Delhi and Others

2016 (8) TMI 17 - MADRAS HIGH COURT

Demand of service tax on renting and construction - The petitioner is the Tamil Nadu slum Clearance Board which is a statutory body established under the provisions of the Tamil Nadu Slum Areas (Improvement & Clearance) Act, 1971, an Act to provide f .....

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rticularly, when the petitioner Board has challenged the constitutional validity of the very charging provisions and the earlier demands issued from the year 2012 are also under challenge. Hence, the third respondent is directed to issue the demands .....

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ndent to continue to issue demands is that in the event, the petitioner is unsuccessful in the other writ petitions, then at that point of time, the petitioner may raise a plea that the demand is barred by limitation. - W.P.No.22272 of 2016 and W.M.P .....

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or the respondents and with the consent of either side, the writ petition is taken up for final disposal. 2.The petitioner is the Tamil Nadu slum Clearance Board which is a statutory body established under the provisions of the Tamil Nadu Slum Areas .....

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ng service tax for the period from 2010-11 to 2013-14 on renting and construction. The petitioner's case is that they have challenged Section 65(90a) of the Finance Act, 1994 as amended by Finance Act, 2007 as invalid and unconstitutional in W.P. .....

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s, interim orders have been granted. Therefore, the respondent/Service Tax Commissionerate are precluded from enforcing the demands. Apart from that, it is stated that other connected writ petitions are also pending. 4.The petitioner's primary de .....

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rinciples of state policy enshrined under part IV of the Constitution of India and taking out various welfare measures. Further, it is submitted that the petitioner has been registered as a non-profitable organization with the Income Tax Department, .....

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or improving the standard of living of dwellers in slum who dwell in notified slum areas, objectionable lands and on the margin of water courses/way such ass Adyar river, Buckingham canal and Cooum River etc in Chennai city. Further, it is stated tha .....

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