To, 

All Members, 

Dear Friends, 

SUB: MOST URGENT - In respect of writ pending in Delhi High Court challenging export of service rules relating to service tax.

You are aware, IATO had filed a writ in the Supreme Court in 2013 challenging the provisions related to the export of service.
The petition has been heard at length on 02.05.2017 by the Hon'ble Delhi High Court and Court was quietly considered the arguments led by Mr Mittal.  Therefore, the Court directed to file written notes of arguments and fixed the next date of hearing on 10.07.2017(Monday)

As you are aware that in the meantime GST has come into force w.e.f. 01.07.2017 by repealing the service tax law. However existing disputes, inquiries and appeals will continue to be governed by the earlier service tax law. Therefore, the decision in the said petition will continue to give benefit to the members of IATO. 

Therefore, Mr  Mittal has sought information from our members who are providing services to foreign tourist and they have any pending disputes, inquiries and appeal at any stage in tribunal or court of law, so that if need arises then such information can be passed on to the court as the Government may try to avoid the decision in this case without providing any information.

Members are requested to kindly provide information who have disputes on Outbound Tour or Service Provided to the foreign tourist against the convertible foreign exchange.

Information should reach IATO office by 12 pm tomorrow, the 8th July 2017 which we can send to Mr Mittal tomorrow.

Please treat this as most urgent.

With regards, 
 
Pronab Sarkar
President 


July 7, 2017,

Sh. Pronab Sarkar

President

Indian Association of Tour Operators

Dear Sir,

As discussed with Mr Mittal over the phone today with respect to the above-mentioned matter undersigned would like to state as under:
1. That your Association filed the present petition in the year 2013 challenging the provisions related to the export of service which adversely affecting the tour operators. That petition has been heard at length on 02.05.2017 by the Hon'ble Delhi High Court and Court was quietly considered the arguments led by Mr Mittal. Therefore, the Court directed to file written notes of arguments and fixed the next date of hearing on 10.07.2017(Monday) and our office has already filed written notes of arguments dated 06.06.2017(on 01.07.2017).

2. As you are aware that in the meantime GST has come into force w.e.f. 01.07.2017 by repealing the service tax law. However existing disputes, inquiries and appeals will continue to be governed by the earlier service tax law. Therefore, the decision in the said petition will continue to give benefit to the members of your Association. Hence, you may please seek information from your members those who are providing services to foreign tourist and they have pending disputes, inquiries and appeal at any stage, so that if need arises then such information can be passed on to the court as the Government may try to avoid the decision in this case without providing any information.

Hence, kindly provide information by taking from your members who have disputes on outbound tour or service provided to the foreign tourist against the convertible foreign exchange.

Please do the needful in the matter of priority as the matter is listed on 10.07.2017 i.e. Monday.

Regards. 

Rajveer Singh,
Advocate 
(J.K. Mittal and Company)
Advocates and Legal Consultants
57, East End Enclave, Delhi-110092.
Mob. No: 9582710005, 9990901022
Ph.22056635, 22461071,72,76 Fax: 22447420
Email: jkmittalservicetax@gmail.com  singhrajveer74@yahoo.com