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Issues involved: Interpretation of provisions of the Kerala Co-operative Societies Act and the Finance Act, 1994 regarding service tax liability for a Group Deposit and Credit Scheme.
In W.P.(C) No. 6774/12, a co-operative society introduced a Group Deposit and Credit Scheme limited to its members. The society received notices from the first respondent u/s 65(12)(v) and 65(105)(zm) of the Finance Act, 1994, to register and provide financial documents. The society contended that its scheme does not fall under the mentioned provisions, deeming the notices illegal. The respondents clarified that no service tax demand was made, only an enquiry into the society's liability. The court found the petition premature as the society had not yet filed objections or substantiated its stand. The court directed the society to file objections within two weeks, after which the respondents would conduct an enquiry to determine if the scheme attracts service tax liability. If liability is established, the society must provide necessary documents for quantification. All other writ petitions raised similar issues as W.P.(C) No. 6774/12 and were directed to follow the same procedure. The court did not delve into the merits of the controversy, leaving all issues open for further consideration.
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