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2019 (9) TMI 664 - HC - GSTPermission for withdrawal of petition - Levy of service tax - payment of element of service tax on the rented property for commercial purposes - GST Act - HELD THAT - Having failed to convince this Court to invoke writ jurisdiction, learned counsel for petitioners prays for permission to withdraw writ petition so as to enable his clients to avail proper remedy. Petition dismissed as withdrawn.
Issues:
Claim of tenants as per Rent Agreements with arbitration clause, dispute over service tax payment for commercial property, absence of specification in rent agreements, writ jurisdiction invocation, permission to withdraw writ petition. Analysis: The petitioners in this case claimed to be tenants of shops owned by the Municipality Committee since 2007 under different Rent Agreements, one of which contained an arbitration clause. The dispute arose regarding the payment of service tax on the rented property for commercial purposes, which attracts service tax under the Goods and Service Tax Act. The petitioners argued that the landlord should have specifically specified the service tax in the rent agreements, and since it was not done, they should not be liable to pay it. However, at the current stage, only notices have been issued regarding the deposit of the service tax for the relevant period. During the proceedings, the counsel for the petitioners attempted to convince the Court to invoke its writ jurisdiction, but failed to do so. Subsequently, the counsel requested permission to withdraw the writ petition to allow the petitioners to seek an alternative remedy. The Court, after considering the arguments presented, dismissed the petition as withdrawn, granting the petitioners the liberty to pursue the appropriate legal recourse. In conclusion, the judgment addressed the issues surrounding the tenants' claim under the Rent Agreements, the dispute over service tax payment, the absence of specific mention of service tax in the agreements, the attempt to invoke writ jurisdiction, and the subsequent withdrawal of the writ petition with the liberty to seek alternative remedies.
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