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2019 (12) TMI 475 - HC - Service TaxRefund of service tax - Petitioners are aggrieved by levy of Service Tax on services in relation to construction of residential complex as defined under Section 65(105)(zzzh) of the Finance Act, 1994. According to learned counsel for petitioner levy of Service Tax on construction of residential complex was declared invalid as decided in the case of Suresh Kumar Bansal Vs. Union of India and others 2016 (6) TMI 192 - DELHI HIGH COURT - delay in filing present petition - HELD THAT - In the present case, petitioners are entitled for refund of Service Tax for financial year 2016-17. They were not party in matters decided by Delhi High Court - Court also finds that present petitioners have approached this Court in November, 2019 for seeking benefit of judgment in Suresh Kumar Bansal rendered by Delhi High Court. Benefit of a judgment, rendered long ago, cannot be extended after huge unexplained delay. Delay and laches in filing present writ petition has not been explained. Consequently benefit of judgment rendered by Delhi High Court cannot be extended to petitioners of this case. Petition dismissed.
Issues:
1. Refund of Service Tax on construction of residential complex. 2. Applicability of Delhi High Court judgment on the present case. 3. Delay and laches in seeking relief under Article 226 of the Constitution of India. Analysis: 1. Refund of Service Tax on construction of residential complex: The petitioner sought a writ of mandamus to command respondents-4 and 5 to refund the Service Tax amount of ?1,20,524 deposited based on a demand raised. The levy of Service Tax on construction of residential complexes was challenged, citing a judgment by the Delhi High Court in a similar case. The Delhi High Court had declared the levy of Service Tax on construction of residential complexes as invalid and directed for the refund of the tax amount in a previous case. However, the High Court noted that the present petitioners approached the court seeking the benefit of the Delhi High Court judgment after a significant delay, and the court found no valid explanation for the delay. Consequently, the court held that the benefit of the earlier judgment could not be extended to the present petitioners due to the unexplained delay. 2. Applicability of Delhi High Court judgment on the present case: The High Court considered the relevance of the Delhi High Court judgment that declared the levy of Service Tax on construction of residential complexes as invalid. While acknowledging the Delhi High Court's decision in the previous case and the direction for refund, the High Court emphasized the importance of timely filing of petitions seeking similar reliefs. The court highlighted that the delay and laches in approaching the court for relief under Article 226 of the Constitution of India were substantial reasons for denying the benefit of the earlier judgment to the present petitioners. Citing various legal precedents, the court reiterated that delay defeats equity and emphasized the significance of filing writ petitions within a reasonable time to seek relief. 3. Delay and laches in seeking relief under Article 226 of the Constitution of India: The High Court emphasized the principle that delay and laches in seeking relief under Article 226 of the Constitution of India could disentitle petitioners from obtaining equitable relief. Referring to several legal cases, the court highlighted that the length of delay and the nature of acts during the interval were crucial factors in determining the grant of relief. The court noted that the doctrine of laches in Courts of Equity was not arbitrary and that practical injustice could result from undue delay in seeking remedies. Ultimately, the court dismissed the writ petition due to the unexplained delay in approaching the court for relief, in line with the established legal principles regarding delay and equitable jurisdiction. In conclusion, the High Court dismissed the writ petition seeking a refund of Service Tax on construction of residential complexes due to the unexplained delay and laches in approaching the court for relief, emphasizing the importance of timely filing of petitions to seek equitable remedies under Article 226 of the Constitution of India.
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