Service Tax on Hotel Accomadation

Finance Bill 2011 has imposed service tax on hotel accomadation, kindly let me know the constitutional validity of the same with referance to the following provision. 

 

Article 246(1) of the constitution of India states that parliament has exclusive powers to make laws with respect to any of matters specified in List I in the Seventh Schedule to Constitution (Called Union List) as per articles 246(3) state government has exclusive powers to make laws for state with respect to any matter specified in List II of seventh schedule to constitution.  

 

i)             Entry No 92C in List I (Union List) empowers central Government impose tax on service.

ii)            Entry No.62 in List II (State List) empowers state government to impose tax on, Luxuries, including taxes on entertainment, amusements, betting and gambling

 

Since the state government imposing luxury tax on room rent as per the power given in Entry No.62 of List II of Seventh Schedule, whether central government can impose service tax on the same base amount?

 

Further the Service tax on letting of immovable property is imposed by the central government where as the power is given to state government in Entry No 49 in List II of seventh schedule – Taxes on Land and Building and the constitutional validity of the matter is pending before the supreme court. Home Solutions Retails India Limited Vs Union of India.

Kindly share your opinion

 

Thanks

S.Baranidharan

Replies (1)

Hi............... Baranidharan

 

We will discus regarding this service when it will be notified.

 

Thanks

Lalit

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
12 October 2026
Finance

I-Genext Consulting Private Limited

New Delhi

CA

View Details
Company
ARTICLESHIP 23 October 2026
Articled Trainee

J Y & CO

Hyderabad

CA Inter

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
ARTICLESHIP 29 October 2026
Article Assistant (CA Inter / CMA Inter) - Thrissur

Varma Raja & Associates

Thrissur

CA Inter

View Details
Company
19 October 2026
Accountant

Jari Saree Center

New Delhi

Others

View Details
Company
30 October 2026
Asst Manager Accounts

Goodwin Pumps India Pvt Ltd

Chengalpattu

CA Inter

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
14 October 2026
GST & TDS ASSISTANT

AGGARWAL SANJAY & ASSOCIATES

New Delhi

B.Com

View Details