S.RAJENDRA BABU, A.R.LAKSHMANAN
T. N. KALYANA MANDAPAM ASSN. – Appellant
Versus
UNION OF INDIA – Respondent
Judgment
DR. AR. LAKSHMANAN, J.- The present appeal is directed against the judgment and order dated 30-4-2001 in Writ Petition No. 1617 of 1998 passed by the High Court of Judicature at Madras whereby the Division Bench of the Madras High Court dismissed the writ petition of the appellant Association and held Sections 66, 67(0) of the Finance Act, 1994 and Rule 2(1)(d)(ix) of the Service Tax Rules, 1994 and other provisions related to kalyana mandapams and mandap-keepers to be intra vires the Constitution of India.
2. The appellant is an association of various kalyana mandapams bearing Registration No. 513 of 1992. The appellant Association has been formed to protect the interest of the owners of kalyana mandapams in the city of Madras and elsewhere in the State of Tamil Nadu. The owners of kalyana mandapams/mandap-keepers let out mandaps/premises to the clients. In addition to letting out the kalyana mandaps, the mandap-keepers also provide other facilities such as catering, electricity, water, etc. to their clients.
3. Service tax was introduced in India vide the Finance Act, 1994.
Service tax is legislated by Parliament under the residuary entry i.e. Entry 97 of List I of the S
(1989) 3 SCC 634: AIR 1990 se 1637
AIR 1969 SC 59: (1969) I SCR 108
AIR 1962 SC 1037: (1962) 2 SCR 570
AIR 1961 SC 1534: (1962) 2 SCR 1
AIR 1959 SC 582: 1959 Supp (2) SCR 63, Western India Theatres Ltd. v. Cantonment Board
AIR 1958 SC 560 : 1959 SCR 379
AIR 1954 SC 459: (1955) 1 SCR 243
(1999) 6 SCC 418: (1999) 112 ELT 365
(1969) 2 SCC 55 : (1970) 1 S SCC R 268
(1970) 1 SCC 749: (1971) 1 SCC 195
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