Mah. Chamber Of Hng. Indus And Anr. Thr. Its Director Mr. Rajesh Shah vs. Union Of India And Ors. Ministry Of Law And Justice Joint Secretary
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S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Civil) No.852/2012 (From the judgment and order dated 23/09/2011 in WP No.7106/2010 of The HIGH COURT OF DELHI AT N. DELHI) P.K.HOSPITLITY SERVICES P.LTD.& ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With appln(s) for exemption from filing c/c of the impugned Judgment and permission to file additional documents and with prayer for interim relief and office report) Date: 20/01/2012 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE ANIL R. DAVE For Petitioner(s) Mr. Rakesh Sinha, Adv. Mr. Vinay J Hedge, Adv. Mr. Partha Sil, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Leave granted. The appeal will be heard on the SLP Paper Books. Additional documents, if any, may be filed by the parties. Having heard learned counsel for the appellants on the question of stay with regard to the arrears of service tax due as on 30th September, 2011, we direct that on each of the appellants' clearing all the arrears as on the said date in three equated instalments, on or before 1st ..2/- : 2 : March, 2012; 1st May, 2012 and 1st July, 2012, no coercive steps shall be taken against the appellants for the recovery of the said arrears. However, in the event of default on the part of the
tITEM NO.33 COURT NO.4 SECTION III
appellants in deposit of any one of the instalments
by the due date, it will be open to the respondents to recover the entire amount in arrears forthwith.
We clarify that there is no stay of imposition of service tax under sub-clause (zzzz) of clause (105) of Section 65 read with Section 66 of the Finance Act, 1994 (as amended), insofar as the future liability towards service tax with effect from 1st October, 2011, is concerned.
Tag with Civil Appeal No. 8390 of 2011.
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