Service Tax on Renting of Immovable Property- SC Requests HC to hear and dispose pending writ petitions as expeditiously as possible

Supreme Court: Service Tax on Renting of Immovable Property – Requests High Court to hear and dispose of all writ petitions pending before it as expeditiously as possible since same are listed for final hearing on 15-2-2011

ITEM NO.52 COURT NO.14 SECTION III

SUPREME COURT OF INDIA

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).982/2011

(From the judgement and order dated 18/05/2010 in WP No. 3398/2010 of The HIGH COURT OF DELHI AT N. DELHI)

UNION OF INDIA & ORS. Petitioner(s) VERSUS HOME SOLUTIONS RETAILS INDIA & ORS. Respondent(s)

(With prayer for interim relief )

Date: 04/02/2011 This Petition was called on for hearing today.

CORAM :

HON’BLE DR. JUSTICE MUKUNDAKAM SHARMA

HON’BLE MR. JUSTICE ANIL R. DAVE

For Petitioner(s) Mr. Vivek Tankha, ASG , Mr. K. Swami, Adv., Ms. Rashmi Malhotra, Adv. , Mr. B. Krishna Prasad,Adv., Mr. Pratul S., Adv., Mr. Sameer Sodhi, Adv., Mr.Vaibhav Srivastava,Adv.

For Respondent(s) Mr. A.M. Singhvi, Sr. Adv., Mr. Mukul Rohtagi, Sr. Adv., Mr.N.K.Kaul,Sr.Adv., Mr. S. Ganesh, Sr. Adv., Mr. Mahesh Agarwal, Adv., Mr. Rishi Agrawala, Adv., Mr. E.C. Agrawala,Adv., Ms.Radhika Gautam,Adv., Mr.Nikil Rohtagi,Adv.

UPON hearing counsel the Court made the following

O R D E R

We are informed by the learned counsel appearing for the respondents that all the Writ petitions pending in the High Court are now listed for final hearing on 15.2.2011. In that view of the matter, we would request the High Court to hear and dispose of all the writ petitions as expeditiously as possible.

In view of the aforesaid order passed by us today, we would not like to pass any further order in this case. In terms of this order, the Special Leave Petition is disposed of.

The interim order which was passed by this Court on 10.1.2011 would, however, continue to operate till the disposal of the Writ Petitions in the High Court. We would also request the parties not to seek for an adjournment in the High Court unless there is any unavoidable circumstance and compelling reason.

(KUSUM SYAL) (MITHLESH GUPTA)

SR.P.A. COURT MASTER

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3. Recent High Court decisions on service tax on “Renting of Immovable Property” services
4. SC declines to lift Delhi high court stay on recovery of service tax from a company for renting immovable property
5. Delhi High Court granted stay to Home Solution Retail (I) Ltd in respect of service tax on renting of immovable property