VidhiSangh

Supreme Court of India · 08/08/2024

K. ARUMUGAM versus UNION OF INDIA & OTHERS ETC.

[2024] 8 S.C.R. 830 · 2024 INSC 630

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Summary

Lottery ticket distributors who bought State lottery tickets outright in bulk and resold them were held not liable to service tax as a 'business auxiliary service' under Section 65(19) of the Finance Act, 1994. Lottery tickets are actionable claims, not goods, so sub-clause (i) does not apply. The 2008 Explanation to sub-clause (ii) could not make the activity taxable, because a State conducting a lottery renders no service and the buyer deals with it principal to principal. The Kerala and Sikkim High Court judgments were set aside.

Issues

  1. Whether the outright purchase and resale of State lottery tickets by distributors attracted service tax as a business auxiliary service under Section 65(19)(ii) read with Section 65(105)(zzb) of the Finance Act, 1994.
  2. Whether the Explanation to Section 65(19)(ii), inserted with effect from 16.05.2008, could bring the sale of lottery tickets within the levy.

Provisions considered

Held

Result

Appeals by the assessees allowed; judgments of the High Courts of Sikkim and Kerala set aside with all consequential reliefs in view of Article 265; any refund representations to be considered expeditiously; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 830.