M Jayamma vs. Union Of India

PITEM NO.MM 4-C COURT NO.4 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil)....../2011 CC 21252/2011 (From the judgement and order dated 23/09/2011 in WP No.3398/2010, of The HIGH COURT OF DELHI AT N. DELHI) GREAT INDIAN RESTAURANT CO.P.LTD. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With appln(s) for permission to file SLP and prayer for interim relief, appln. for impleadment,appln. for taking additional documents on record and exemption from filing c/c)) WITH S.L.P.(C)...CC NO. 21289 of 2011 (With appln. for permission to file SLP, impleadment, prayer for interim relief, appln for taking additional documents on record and exemption from filing c/c) Date: 15/12/2011 These Petitions were called on in mentioning Board today. CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE ANIL R. DAVE For Petitioner(s) Mr. Raj Kishfor Choudhary, Adv. Mr. rishi Kapoor, Adv. Ms. Gitanjali Kapoor, Adv. Mr. Ravi Kumar Tomar,Adv. For Respondent(s) Mr. H.P. Rawal, ASG Mr. Rajiv Nanda, Adv. Mr. Harsh N Parekh, Adv. Mr. A.K. Sharma, Adv. Mr. B. Krishna Prasad,Adv. UPON hearing counsel the Court made the following O R D E R SLP(C)...CC 21252/2011- (Great Indian Restaurant Co.P. Ltd. vs. Union of India & Ors.) ..2/- : 2 : Permission to file SLP is granted. Application for impleadment is dismissed. Leave granted. The appeal will be heard on the SLP Paper Book. Additional documents, if any, may be filed by the parties.

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), as regards the arrears as well as the future liability towards service tax. Tag with Civil Appeal No. 8390 of 2011. SLP(C)...21289/2011 (Devyani International Ltd. vs. U.O.I. & Ors.) Permission to file SLP is granted. Learned counsel for the petitioner prays for time to file an additional affidavit stating the amount of arrears towards the service tax as on 31/12/2011. Let the needful be done within two weeks. List thereafter. Application for impleadment will be considered on the next date.

[ Charanjeet Kaur ] [ Kusum Gulati ] Court Master Court Master