RESTAURANT SERVICES: PUNJAB AND HARYANA HIGH COURT ISSUES NOTICES TO CENTRE AND STATE

On 16.10.2014 Hon’ble Punjab and Haryana High court issued notice of motion to the Centre and State Governments to appear on 05.12.2014 in CWP No. 21365 of 2014.

Firstly, I argued on challenging the constitutional validity of applicability of service tax in restaurants and the second argument is on the basis that the union government is charging service tax on 40% value then why the Punjab Government is charging VAT on 100% value, it has to be on 60, if it is applicable, because both taxes are mutually exclusive as held by the Hon’ble Supreme Court in the case of Imagic Creative. The case is next listed on 05.12.2014. The following is the text of Notice of Motion:

105

CWP No.21365 of 2014

M/s Ramneek Beer Bar and Restaurant

vs.

Union of India and others

Present:- Mr. Rishi Chanan, Advocate

for the petitioner.

* * *

Notice of motion for 05.12.2014.

(RAJIVE BHALLA)

JUDGE

(AMIT RAWAL)

JUDGE

October 16, 2014

Hope, if the constitutionality would be upheld, the relief on double taxation by Punjab VAT will allowed.

Regards,

Rishi Chanan, Advocate

Mob:-098158-28244