RENTING - Delhi High Court Judgement [1 Attachment]

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From: Rebecca Andrews <rebecca.andrews88@yahoo.in>
Date: Fri, Sep 23, 2011 at 5:16 PM
Subject: Message from EGroup of SolapurCAs RENTING - Delhi High Court Judgement [1 Attachment]
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[Attachment(s) from Rebecca Andrews included below]

Delhi High Court goes the way P&H, Orissa, Gauhati, Bombay & Gujarat High Courts. Upholds the constitutionality & retrospectivity of renting as a service effective 1.6.2007. Assessees will now have to pay tax with interest. Excerpts : 75. In view of the aforesaid analysis, we proceed to enumerate our  conclusions in seriatim as follows: (a) The provisions, namely, Section 65(105)(zzzz) and Section 66 of  the Finance Act, 1994 and as amended by the Finance Act, 2010, are intra vires the Constitution of India. (b) The decision rendered in the first Home Solution case does not  lay down the correct law as we have held that there is value  addition when the premises is let out for use in the course of orfurtherance of business or commerce and it is, accordingly  overruled. (c) The challenge to the amendment giving it retrospective effect is  unsustainable and, accordingly, the same stands repelled and the  retrospective amendment is declared as constitutionally valid. 76. Consequently, the writ petitions, being sans substratum, stand  dismissed without any order as to costs. CHIEF JUSTICE A.K. SIKRI, J. SANJIV KHANNA, J. 23.09.11 Kind regards, Rebecca Andrews

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Attachment(s) from Rebecca Andrews

1 of 1 File(s)

DMA23092011CW33982010.pdf