Court: Punjab & Haryana High Court
Citation: M/s Shubh Timb Steels Limited Vs Union of India and Another
Brief :The Petitioner, owner of commercial immovable property, has let out the said property to business entities on rental basis. The Petitioner has challenged the levy of Service Tax on renting of immovable property covered under Section 65(90a) and Section (65)(105)(zzzz) of the Finance Act, 1994 and its retrospective amendment under the category ‘Renting of immovable property services’ as ultra-vires the legislative competence of the Parliament.
A chartered accountant who is not a member of the Institute of Chartered Accountants of India but impersonating as one can be charged under the Indian Penal Code or under other laws for offences, the Supreme Court stated while allowing the appeal of the institute. The Madhya Pradesh high court had taken a different view. In this case, ICAI vs Vimal Kumar, the institute filed a complaint before the police alleging forgery and impersonation. The trial court ruled that there was no basis for framing charges under IPC. The high court rejected the appeal of the institute stating that though a case was made out under the Chartered Accountants Act, the complaint was not under that Act, but under IPC. The institute appealed to the Supreme Court which set aside the high court judgment and directed prosecution under IPC.
Contentions of the Petitioner
The Petitioner put forth the following contentions:
