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2004 Supreme(SC) 486

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
































































































































































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