SCA/8735/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8735 of 2008 ================================================= BHAGUBHAI H. PATEL & 3 - Petitioner(s) Versus UNION OF INDIA & 3 - Respondent(s) ================================================= Appearance : MR MIHIR JOSHI Sr. Advocate with MR TEJAS M BAROT for Petitioner(s) : 1 - 4. MR RM CHHAYA for MR HARIN P RAVAL for Respondent(s) : 1, None for Respondent(s) : 2 - 4. ================================================= CORAM : HONOURABLE MR.JUSTICE M.S.SHAH and HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 30/06/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE M.S.SHAH)
Leave
to amend the cause-title. Respondent No.2 may be deleted and
respondent No.1 ý Union of India shall be served through the
Secretary, Ministry of Finance, Department of Revenue, Government of
India, North Block, New Delhi ý 110 001.
Rule.
To be heard with Special Civil Application No.2981 of 2008 and
connected matters.
Notice
as to interim relief returnable on 21st July 2008.
Until
further orders, there shall be ad-interim injunction restraining the
respondents from recovering service tax on the rent in respect of the
immovable property in question.
We
also clarify that there is no ad-interim injunction against recovery
of service tax on any services as such, but there shall be no levy of
recovery of service tax on rental of the immovable property.
Mr
RM Chhaya, learned Standing Counsel waives service of Rule and
service of notice as to interim relief on behalf of respondent No.1.
Respondent
No.3 shall be served by Speed Post Acknowledgement Due at the
petitioner’s cost. Respondent No.4 shall be served by direct service.
(M.S.
SHAH, J.)
(D.H.
WAGHELA, J.)
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