9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 1255 - HC - Service TaxBenefits as far as the Chit Fund Companies - Nature of activity of chit fund business - cash management / fund management - whether classifiable under the category of banking and other financial services ? - HELD THAT - This Court is of the considered opinion that the benefits conferred by the Supreme Court is to be extended and in respect of all other allegations, an adjudication is to be entertained with reference to the findings made by the Original Authority/Appellate Authority - the Original Authority or the Appellate Authority, as the case may be, made certain findings in respect of the claim made by the petitioner. As far as the benefits conferred by the Hon'ble Supreme Court in the case of UNION OF INDIA AND ORS. VERSUS M/S. MARGADARSHI CHIT FUNDS (P) LTD. ETC 2017 (7) TMI 224 - SUPREME COURT , are concerned, the same is to be extended and as pointed out by the learned Senior Standing Counsel for the respondent, the benefits have already been extended in favour of the petitioner - However, the Appellate Authority may segregate the issues and accordingly proceed with an adjudication. If any appeal is preferred by the petitioner, challenging the order in original and the show cause notice, which are under challenge in the present writ petitions. This being the factum, the petitioner is at liberty to file an appeal within a period of four weeks from the date of receipt of a copy of this order in a prescribed format and by complying with the Statute and the Rules and the Appellate Authority, on receipt of any such appeal from the petitioner, shall condone the delay, if any and entertain the appeal and adjudicate the issues on merits and in accordance with law - Petition disposed off.
Issues involved:
Challenge to order and show cause notices based on benefits claimed from a Supreme Court judgment regarding Chit Fund Companies. Analysis: The petitioner challenged an order and show cause notices issued by the respondent, claiming benefits based on a Supreme Court judgment regarding Chit Fund Companies. The respondent argued that the benefits had already been extended to the petitioner in a previous writ petition. The Court held that the benefits from the Supreme Court should be extended, but other disputed issues should be adjudicated by the Original/Appellate Authority. The Court emphasized that disputed facts should be addressed through an appeal rather than in writ proceedings. The petitioner was given the liberty to file an appeal within four weeks, following the prescribed format and rules. The Appellate Authority was directed to condone any delays, if applicable, and adjudicate the issues promptly while providing the petitioner with an opportunity to present their case. In conclusion, the writ petitions were disposed of with no order as to costs, and connected miscellaneous petitions were closed. The judgment clarified the extension of benefits from the Supreme Court and outlined the process for addressing disputed issues through an appeal, ensuring a fair and lawful adjudication of the matter.
|
