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2013 Supreme(Ker) 347

A.M.SHAFFIQUE
Kerala Classified Hotels & Resorts Association represented by its Secretary V. Krishnakumar & President G. Sobodhan – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioners:K.B. Muhamed Kutty, N. Venketaraman, Senior Advocates, S. Arun Raj, V.L. Shenoy, L. Jayawanth, Rajan Joseph, Koshy George, Advocates.
For the Respondents: R1, P. Parameswaran Nair, ASG of India, R2 & R3, Tojan J. Vathikulam, SC, C.B. Excise, Thomas Mathew Nellimoottil, SC, CB Excise, R4, Noushad Thottathil, Government Pleader, Sebastian Chempappilly, Spl. Govt. Pleader, Sai by Jose Kidangoor, SC, John Varghese, SC, Mrs. Rose Michael, Govt Pleader.

Judgment :

1. The petitioners in the above writ petitions are challenging the validity of sub clause (zzzzv) and (zzzzw) of clause 105 of Section 65 of the Finance Act, 1994 and Section 66 of the Finance Act, 1994 as amended by the Finance Act 2011 relating to levy of service tax on taxable services referred there and for consequential reliefs. The relevant portion reads as under:

"(zzzzv) services provided or to be provided to any person, by a restaurant, by whatever name called, having the facility of air-conditioning in any part of the establishment, at any time during the financial year, which has licence to serve alcoholic beverages, in relation to serving of food or beverage, including alcoholic beverages or both, in its premises; (zzzzw) Services provided or to be provided to any person, by a hotel, inn, guest house, club or camp-site, by whatever name called, for providing of accommodation for a continuous period of less than three months;"

2. The main contention urged by the petitioners is that the imposition of service tax in relation to serving of food or beverage including alcoholic beverages represents only sale of goods which transaction squarely falls under Entry 54 o














































































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