Kerala High Court

WP(C)/37292/2017 of J.K.ENTERPRISES Vs UNION OF INDIA on 10 April 2025

Cites 1, Cited by 0

37292 OF 2017 1 2025:KER:31171 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 37292 OF 2017 PETITIONER: J.K.ENTERPRISES LOTTERY AGENCY, NO.3 JANARDANA COMPLEX, BEHIND VARINJAM

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947

WP(C) NO. 37292 OF 2017

PETITIONER:

J.K.ENTERPRISES

LOTTERY AGENCY, NO.3 JANARDANA COMPLEX,

BEHIND VARINJAM TOWERS, CHINNAKKADA,

KOLLAM, KERALA, REPRESENTED BY J.JAYAKUMAR, AGED 41, S/O.JANARDHANAN NAIR, RESIDING AT SHREE JANARDHAM,P.O.KOLLAM -691601.

BY ADV SRI.NAVOD PRASANNAN PATTALI

RESPONDENTS:

UNION OF INDIA

FINANCE DEPARTMENT, NEW DELHI-110001,

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF

INDIA,-110001.

CENTRAL BOARD OF EXCISE AND CUSTOMS SERVICE TAX

DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI-110001

CHIEF COMMISSIONER OF CENTRAL EXCISE

CUSTOMS & SERVICE TAX, KERALA ZONE,

C.R.BUILDING, I S PRESS ROAD, COCHIN-682018.

COMMISSIONER OF CENTRAL EXCISE

CUSTOMS & SERVICE TAX,O/O. COMMISSIONER OF CENTRAL

EXCISE,CUSTOMS & SERVICE TAX, PRESS CLUB ROAD, LCE BHAVAN, THIRUVANANTHAPURAM-695001.

SRI.SREELAL N WARRIER, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C.P., J

=========================

W.P(C) No. 37292 of 2017

=========================

Dated this the 10th day of April, 2025

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

1

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

J U D G M E N T

The writ petition is filed seeking a declaration that the sale of lottery tickets does not come within the purview of auxiliary service or taxable service as defined under Section 65 of the Finance Act, 1994, and is consequently not a taxable service within the meaning of Section 65(105) of the Finance Act, 1994.

2. It is submitted by both sides that the issue is covered against the Department by the judgment of the Honourable Supreme Court reported in Union of India v. Future Gaming Solutions Pvt. Ltd. [2025 SCC OnLine SC 289]. In view of the above, the writ petition is allowed as prayed for. Sd/- MOHAMMED NIAS C.P. JUDGE LU

APPENDIX OF WP(C) 37292/2017 PETITIONER EXHIBITS : EXHIBIT P1 TRUE COPY OF THE AGENCY LICENSE ISSUED TO THE PETITIONER FROM THE DISTRICT LOTTERY OFFICER, DLO, KOLLAM. EXHIBIT P2 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 16.10.2017 ISSUED BY THE COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, THIRUVANANTHAPURAM TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 09.12.2013 PASSED BY THE LD. SINGLE JUDGE IN WP(C) NO.24845/2013. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 10.10.2013 IN WP(C) NO.24845/2013. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14.03.2014 PASSED BY DIVISION BENCH OF THIS HIGH COURT IN WP(C) NO.24845/2013. EXHIBIT P6 TRUE COPY OF THE CIRCULAR DATED 19.5.2015 ISSUED BY THE JOINT SECRETARY (TAX RESEARCH UNIT-I), DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA. // True Copy // PA To Judge

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead