SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(Bom) 2278

S.C.DHARMADHIKARI, A.A.SAYED
P. C. Joshi – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Sushant Murthy i/b. N.S. Thacker, Rajiv Patil, Senior Counsel and Amol Mhatre.
For the Respondent: S.S. Pakale, Suchitra Kamble, Parag Vyas and Durgaprasad Poojary i/b. PDS Legal.

Judgment

S.C. Dharmadhikari, J.

1. Rule. Respondents waives service. By consent, Rule made returnable forthwith.

2. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner, a practicing advocate prays for the following reliefs:-

"(a) Declare the impugned provisions in section 65(105)(zzzzm) of the Finance Act, 1994 as inserted by the Finance Act, 2011 as null and void and ultra vires the Constitution of India and/or section 66of the Finance Act, 1994 and/or be pleased to strike down the said provisions as ultra vires, arbitrary and violative of Articles 13, 14,19(1)(g), 246, 265 and 268A of the Constitution of India.

(b) Issue a writ, order of direction in the nature of certiorari or any other writ, order or direction of like nature, quashing section 71(A)(5)(d) of the Finance Act, 2011.

(c) Issue a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction, restraining the Respondents themselves, by their servants, agents and subordinates from, directly or indirectly giving effect to or acting upon the impugned amendment or collecting Service Tax on the basis of section 65(105)(zzzzm) read with section 66 as subs








































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top