Devineni Vinay v. The Union Of India Rep.By Its Secretary (Revenue)

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE MS. JUSTICE J. UMA DEVI WRIT PETITION No. 8969 of 2017 ORDER: (Per VRS,J) The petitioners, who were holding licences for the sale of Indian-made foreign liquor, have come up with the present writ petition, challenging a demand made by the respondents for payment of service tax.

2.

Heard Mr. Sai Gangadhar Chamarty, learned counsel for the petitioner.

3.

Mr. B. Narayana Reddy, learned Assistant Solicitor General, takes notice for the respondents.

4.

The issue raised in the present writ petition is similar to the one that was disposed of by another Bench of this Court on 01.02.2017 in W.P.No.41626 of 2016. Therefore, following the same, this Writ Petition is also disposed of, directing the respondents not to take any coercive action against the petitioners either for their not registering themselves under the Finance act or for non-payment of service tax, till an assessment order is passed, in accordance with law, and for a period of three weeks, after the said order is communicated to the petitioners. As the vires of several provisions are under challenge in this writ petition, suffice it if all the questions raised in the present

VRS,J & JUD,,J WP No.8969 of 2017 writ petition are left open to be urged, if need be, in subsequent legal proceedings.

Consequently, miscellaneous petitions if any pending in the writ petition shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J ______________ J. UMA DEVI, J.

15th March, 2017 cbs

VRS,J & JUD,,J WP No.8969 of 2017 THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN  AND THE HON'BLE MS. JUSTICE J. UMA DEVI Writ Petition No. 8969 of 2017 (disposed of) 15th March, 2017 cbs