GOPINATH P.
Manjilas Food Tech (P) Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
GOPINATH P., J.
This writ petition challenges the constitutional validity of Clause (g) of Section 66D of the Finance Act, 1994, as amended by the Finance Act, 2014.
2. The brief facts of the case are as follows:-The petitioner is a Private Limited Company, engaged in the manufacture and in trading of goods. In connection with its business, the petitioner places advertisements in various media. The petitioner is aggrieved by the fact that, following an amendment made to Clause (g) of Section 66D of the Finance Act, 1994 (the Negative list of services) with effect from 01.10.2014, by the Finance Act, 2014, the exemption from service tax has been restricted to the ‘selling of space of advertisements inprintmedia’. It is the case of the petitioner that, till the amendment to Clause (g) of Section 66D, the selling of space or time slots for advertisements other than the advertisements broadcast by radio or television, was exempted from service tax under the provisions of the Finance Act, 1994 (by inclusion in the negative list) and after the 2014 amendment, such exemption was restricted to advertisements in the print media.
3. Sri. Jose Jacob, the Learned counsel appearing for t
All India Federation of Tax Practitioners and Others v. Union of India and Others; (2007) 7 SCC 527
Express Hotels (P) Ltd. v. State of Gujarat; (1989) 3 SCC 677
Federation of Hotel and Restaurant Association of India
Governor General-in-Council v. Province of Madras AIR 1945 PC 98: 1945 FCR 179
India Cement Ltd. v. State of T.N.; (1990) 1 SCC 12
ITC Ltd. v. Agricultural Produce Market Committee; (2002) 9 SCC 232
R.S. Rekhchand Mohota Spg. & Wvg. Mills Ltd. v. State of Maharashtra; (1997) 6 SCC 12
State of Karnataka v. State of Meghalaya; (2023) 4 SCC 416
State of West Bengal V. Kesoram Industries Ltd and Others; (2004) 10 SCC 201
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.