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    <title>2009 (5) TMI 1 - Supreme Court</title>
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    <description>An amendment that brings promotion or marketing of games of chance, including lottery, within business auxiliary service is substantive when it enlarges tax liability, even if described as an explanation for the removal of doubts. The Supreme Court held that lottery tickets are actionable claims, not goods, and that organising lottery did not itself amount to a service under the existing charging provision. Because the pre-amendment text did not clearly cover lottery-related activity, service tax could not be levied for periods before 16.05.2008. The amendment therefore operated prospectively and was not retrospective or clarificatory.</description>
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    <pubDate>Tue, 05 May 2009 00:00:00 +0530</pubDate>
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      <title>2009 (5) TMI 1 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=33336</link>
      <description>An amendment that brings promotion or marketing of games of chance, including lottery, within business auxiliary service is substantive when it enlarges tax liability, even if described as an explanation for the removal of doubts. The Supreme Court held that lottery tickets are actionable claims, not goods, and that organising lottery did not itself amount to a service under the existing charging provision. Because the pre-amendment text did not clearly cover lottery-related activity, service tax could not be levied for periods before 16.05.2008. The amendment therefore operated prospectively and was not retrospective or clarificatory.</description>
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      <pubDate>Tue, 05 May 2009 00:00:00 +0530</pubDate>
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