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2001 Supreme(Mad) 557

V.S.SIRPURKAR, A.KULASEKARAN
Indian Institute of Architects – Appellant
Versus
Union of India – Respondent


Appearing Advocates:Arvind P. Datar, M/s. R. Senthilkumar, Chitra Narayan, N. Dhanasekaran, Mohan Parasaran, N. Inbaragam, Meenakshisundaram, B.R. Ramesh Babu, T. Susinan, M. Chanasekaran, Veeraraghavan, Advocates.

Judgment :-

V.S. SIRPURKAR, J.

This judgment will govern the above writ petitions, which are filed under Art. 226 of the Constitution of India. Out of the above writ petitions, while W.P. No. 8539 of 2000 is filedby the Indian Institute of Architects Association, Tamil Nadu Chapter on behalf of the Architects in general, who are registered under it as the practicing Architects, rest of the writ petitions pertain to the Chartered Accountantsand have been filed by the various representative bodies of which the practising Chartered Accountants are the members since the question involved in identical in all these petitions and they are being disposed of by this common judgment.

2.Shortly stated, the Architects and Chartered Accountants are challenging the constitutional validity of the provisions of Finance Act by which the services offered by the Architects and Chartered Accountants have been brought under the tax-net, which is to be chargedat five per cent of the value of the taxable service provided to any person by the Architects or the Chartered Accountants. Sec.116 of the Finance Act No. 2 of 1998 is in challenge, as amended by Act 32 of 1994, and has first defined the said service


















































































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