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SCA/12933/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12933 of 2010
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TRENT
HYPERMARKET LIMITED & 1 - Petitioner(s)
Versus
UNION
OF INDIA - THRO' SECRETARY, MINISTRY OF FINANCE & 3 -
Respondent(s)
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Appearance :
Mr
MIHIR JOSHI, SR. ADVOCATE for M/S WADIA GHANDY &CO for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
4.
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 05/10/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Let
the matter be listed alongwith Special Civil Application No. 8032 of
2010 which is likely to be listed on 8th
October, 2010.
In
the meantime, the petitioners will serve an advance copy on the
learned counsel who generally appears on behalf of the Union of
India. Direct notice is also permitted on the 2nd
respondent.
The
question of issuing notice on the rest of the respondents will be
decided on the next date.
In
view of the fact that in a similar matter, the Delhi High Court has
passed interim order in WP (C) No. 3398 of 2010, by order dated
18.5.2010. for the same reason and ground, we also order that until
further orders, there shall be no recovery of service tax from the
petitioners in respect of renting of immovable property alone. In
the event the writ petition is dismissed, the liability to pay
service tax alongwith any other liability with interest will solely
be that of the petitioners.
[S.J.
MUKHOPADHAYA, CJ.]
[ANANT
S. DAVE, J.]
Sundar/*
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