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2014 (2) TMI 1338

FUNDS VERSUS UNION OF INDIA [2013 (6) TMI 53 - KERALA HIGH COURT] - petition dismissed - decided against petitioner. - W.P.C. No.2795 of 2014 - 19-2-2014 - MR. P.R. RAMACHANDRA MENON, J. For The Petitioner : Sri. P. Gopinath Menon, Sri. P. Benny Thomas And Sri. K. John Mathai For The Respondents : Sri.Thomas Mathew Nellimoottil,S. C, Central Excise & Customs JUDGMENT The petitioner has approac .....

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d by filing a statement on behalf of the respondents. 3. The petitioner has moulded the pleadings and prayers, with reference to Ext.P1 judgment rendered by the Delhi High Court in WP(c) No. 4512 of 2012, whereby it was declared that the Chitty transaction being pursued by the parties like the petitioner is not eligible to 'Service Tax'. It is stated that, though an S.L.P. was preferred th .....

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the State of Kerala. Even otherwise, the dismissal of SLP by Ext.P2 does not result in any merger, nor can it be treated as an approval of the verdict of the Supreme Court. 5. In so far as the issue in question is concerned, this Court has already considered the matter in detail and a decision has been rendered, holding that the instance is accessible to 'Service Tax' as per the decision r .....

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