Kerala High Court
WP(C)/37292/2017 of J.K.ENTERPRISES Vs UNION OF INDIA on 10 April 2025
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
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W.P(C) No. 37292 of 2017
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Dated this the 10th day of April, 2025
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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