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Finance Minister Pranab Mukherjee

16 October 2015

Advaita Legal won relief from service tax for lottery distributors, in Future Gaming’s Sikkim high court writ challenging the imposition of service tax on them.

Advaita senior attorney AR Madhav Rao and associates Rajat Mittal and Nandita Narayan acted for Future Gaming which had challenged Finance Act 2015 amendments putting lottery distributors in the category of service providers and hence liable to pay service tax.

Justices Sonam Wangdi and Meenakshi Rai observed that explanations inserted in clauses of the latest Finance Act cannot override the law laid down in judgments which have already held that Future Gaming is not a service provider.

The bench stated in its order:

“As noted earlier, the amendments in question have been carried out by the Parliament in order to overcome the decisions of this Court in the Future Gaming Case 2015 (supra) and Future Gaming Case 2014 (supra) which we have alluded to in detail. We agree with Mr. Rao that it is trite that when a Legislature sets out to validate a tax declared by a Court to be illegally collected under an ineffective or an invalid law, the cause for ineffectiveness or invalidity must be removed before the validation can be said to take place effectively. “

06 July 2009

governmentIndia_thThis year's Union Budget has paved the way for law firm partnerships to convert to limited liability partnerships (LLPs).

06 July 2009

rupees_thumbThe 2009-10 Union Budget has extended service tax to lawyers, which could directly increase legal bills to clients and result in downward pressure on fees.

21 May 2009

King Stubb and Kasiva managing partner Jidesh KumarDelhi-headquartered law firm King Stubb & Kasiva is set to open a new office in Mumbai within months and has added a new equity partner to its head office ranks.

The firm is currently finalising the negotiations with up to two partners from Mumbai firms to spearhead its new office.

Managing partner Jidesh Kumar (pictured) said: "The Mumbai office would be banking, finance and infrastructure focused. We are looking at having an infrastructure partner from one of the top five law firms there."