Govt. had moved Supreme Court To restrain High Courts from Granting Stay. SC declined to intervene in favor of Govt. High Courts can continue to pass stay orders, but Delhi HC directed to pass the orders in due course. Order expected either towards end of December or after Winter break.
As you may be aware that the Delhi High Court had stayed the collection of Service Tax on renting of immovable property, even after the amendment in the Finance Act, 2010. Revenue had appealed against the Delhi High Court’s order in the Supreme Court.
The Supreme Court in its order on 19.11.2010, held,
“Counsel appearing for the parties agree that they would all make efforts for getting the writ petition, pending in the High Court, disposed of on the next date and therefore, no order is required to be passed on this, for the present. We request the High Court to dispose of the writ petition itself since an interim order is passed, which according to the petitioners, is creating prejudice to their interest. Re-notify in the second week of January, 2011.”
