High Court of KeralaSingle JudgeWrit petitions allowed; declarations that sale ...

WP(C) Nos. 3912/2017 and connected cases

Case / Petition Number:WP(C) NO. 3912 OF 2017 and connected cases
Neutral Citation:2025:KER:31170

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Judgment Date
2025-04-10
Court Decision / Holding
Writ petitions allowed. The court holds that sale of lottery tickets does not come within the scope of auxiliary service or taxable service under Section 65 of the Finance Act, 1994, guided by the Supreme Court decision Union of India v Future Gaming Solutions Pvt. Ltd. (2025 SCC OnLine SC 289).
Final Disposition
Writ petitions allowed; declarations that sale of lottery tickets is not taxable and does not constitute taxable service under the relevant provisions.

Parties to the Case

Appellants / Petitioners

  • V.N. Suresh
  • B. Ushakumari
  • N. Arun
  • Raju S.S
  • Mohammed Niyas
  • B. Rajan
  • Habee Bulla S
  • Khader T.M
  • Firoz Khan M.R.
  • S. Shanmugha Sundaram
  • J.K. Enterprises
  • P. Chelladurai
  • M.S. Hameed
  • V.K. Khader

Respondents

  • UNION OF INDIA represented by Secretary to Government, Ministry of Finance (Department of Revenue), Government of India, North Block, New Delhi-110001
  • The Assistant Commissioner Central Excise, Customs and Service Tax, Kollam Division, Verinjam Towers, Residency Road, Kollam-685070
  • The Commissioner Central Excise and Service Tax, Kollam Division, Verinjam Towers, Residency Road, Kollam-685070
  • The Commissioner of Central Excise and Customs Cochin Commissionerate, Central Revenue Building, IS Press Road, Kochi-682018
  • The Joint Commissioner Office of the Commissioner of Central Excise, Customs and Service Tax, Palakkad II Division, Palakkad-678001

Legal Representation & Advocates

Counsels for Petitioners

  • • George Poonthottam
  • • V.S. Shiraz Bava
  • • Meera V. Menon
  • • Raa jes S. Subrahmanian
  • • V.R. Rajesh
  • • Thyya nnoor Ramakrishnan
  • • Arun Kumar P
  • • Ambika Radhakrishnan
  • • S. Shanmugha Sundaram
  • • K. A. V. N.

Counsels for Respondents

  • • Sreelal N. Warrier, SC
  • • Thomas Mathew Nellimoottil, SC
  • • Tojan J. Vathikulam, SC
  • • Kavery S. Thampi
  • • S. Raghunath (if cited)

Case Synopsis & Summary

These writ petitions challenge the levy of service tax on sale of lottery tickets. The petitioners contend that selling lottery tickets is not an “auxiliary service” or taxable service under Section 65 of the Finance Act, 1994, and therefore not taxable. The petitions are heard together with several connected matters. On 10 April 2025, the Kerala High Court notes the common issue and observes that the point is already covered against the Department by a Supreme Court judgment in Union of India v. Future Gaming Solutions Pvt. Ltd. (2025 SCC OnLine SC 289). Relying on that authority, the court allows the petitions, holding that sale of lottery tickets does not fall within the purview of auxiliary or taxable services under the Finance Act, 1994. The decision aligns with the broader objective of providing relief to lottery operators and avoids tax liability inconsistent with the Supreme Court precedent. The petitions span multiple related Writ Petitions across various petitioners and divisions, but the core holding is uniform: lottery sales are not taxable service under the relevant statute.

Provisions of Law Cited

Section 65 of the Finance Act, 1994Section 65(105) of the Finance Act, 1994

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that sale of lottery tickets is not an “auxiliary service” nor a taxable service under Section 65 of the Finance Act, 1994, and thus not subject to service tax. They rely on consistent legal precedents and the lack of statutory classification of lottery sales as taxable services, seeking declarations that such sales do not attract service tax or allied levies.

Contentions of Respondents

The respondents submit that the question is one of statutory interpretation under the Finance Act, 1994; however, both sides ultimately accept a controlling Supreme Court decision, and the court is urged to follow that precedent in declaring lottery sales as non-taxable in light of Union of India v Future Gaming Solutions Pvt. Ltd.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Union of India v. Future Gaming Solutions Pvt. Ltd.2025 SCC OnLine SC 289PositiveThe Supreme Court decision is directly relied upon to conclude that lottery ticket sales are not taxable under the Finance Act provisions; the Kerala High Court treats this as controlling authority supporting the petitioners.

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Extracted Judgment Text

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``` WP(C) NO. 3912/2017 and connected cases ``` ``` 1 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 3912 OF 2017`** ## **`PETITIONER:`** ``` V.N. SURESH AGED 48 YEARS PONNOOS LUCKY CENTRE,PATHANAPURAM, KOLLAM DISTRICT ``` ## **`BY ADV SRI.GEORGE POONTHOTTAM`** ## **`RESPONDENTS:`** - **`1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)GOVERNMENT OF INDIA,NORTH BLOCK, NEW DELHI 110 001`** - **`2 THE ASSISTANT COMMISSIONER OF CENTRAL EXCISE CUSTOMS SERVICE TAX KOLLAM DIVISION VARINJAM TOWERS`** ## **`SRI. SREELAL N WARRIER, SC`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).2417/2015, 538/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 2 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 2417 OF 2015`** ## **`PETITIONER:`** ``` SMT.B.USHAKUMARI AGED 58 YEARS PROPRIETOR OF JAYAKUMAR LOTTERY CENTRE, NEAR KSRTC BUS STAND, KOLLAM, KERALA. ``` ## **`BY ADV SRI.V.S.SHIRAZ BAVA`** - **`RESPONDENTS:`** - **`1 UNION OF INDIA SECRETARY, MINISTRY OF FINANCE, NEW DELHI -110001.`** - **`2 THE COMMISSIONER CENTRAL EXCISE CUSTOMS AND SERVICES TAX, P.B. NO.13, ICE. BHAVAN, PRESS CLUB ROAD, THRIUVANANTHAPURAM-695001`** - **`3 THE ASSISTANT COMMISSIONER CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, KOLLAM DIVISION, VERINJAM TOWERS, RESIDENCY ROAD, KOLLAM - 685070.`** ``` BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX SRI. SREELAL N WARRIER, SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 3 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 538 OF 2017`** ## **`PETITIONER:`** ``` N.ARUN AGED 34 YEARS MELE VEEDU, PANDAKASALA,CHIRAYINKIL P.O., THIRUVANANTHAPURAM. ``` ## **`BY ADV SRI.GEORGE POONTHOTTAM`** ## **`RESPONDENTS:`** ``` 1UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, (DEPARTMENT OF REVENUE), GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI-110 001. ``` ``` 2THE JOINT COMMISSIONER OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, P.B.NO.13,I.C.E.BHAVAN, PRESS CLUB ROAD,THIRUVANANTHAPURAM.695 001. ``` ## **`SRI. SREELAL N WARRIER, SC`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 4 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 562 OF 2017`** ## **`PETITIONERS:`** ``` RAJU S.S AGED 51 YEARS ARIYA NIVAS, CHATHAVILA, KATTAYIKOAM PO, THIRUVANANTHAPURAM -695 584. ``` ## **`BY ADV SRI.GEORGE POONTHOTTAM`** ## **`RESPONDENTS:`** - **`1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), GOVERNMENT OF INDIA, NORTH BLOCK,NEW DELHI-110 001.`** - **`2 THE JOINT COMMISSIONER OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVIE TAX, P.B.NO.13,I.C.E. BHAVAN, PRESS CLUB ROAD,THIRUVANANTHAPURAM -695 001.`** ## **`SRI. SREELAL N WARRIER, SC`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 2025:KER:31170 ``` ``` 5 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 1788 OF 2017`** ## **`PETITIONER:`** ``` MOHAMMED NIYAS HARI NIVAS, SARAYU NAGAR, ASRAMAM, KOLLAM-691002 ``` ## **`BY ADV SMT.MEERA V.MENON`** ## **`RESPONDENTS:`** - **`1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI.`** - **`2 THE ASST. COMMISSIONER OF CENTRAL EXCISE CUSTOMS & SERVICE TAX, KOLLAM DIVISION, VIRINJAM TOWERS, KOLLAM-1`** ## **`SRI. SREELAL N WARRIER, SC`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 6 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 1809 OF 2017`** ## **`PETITIONER:`** ``` B. RAJAN RAJ BHAVAN, KADAPPAKKADA, AKSYAYA NAGAR, LADAPPAKKADA, KOLLAM-8. ``` ## **`BY ADV SMT.MEERA V.MENON`** ## **`RESPONDENTS:`** ``` 1UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI. ``` - **`2 THE ASST. COMMISSIONER OF CENTRAL EXCISE CUSTOMS & SERVICE TAX, KOLLAM DIVISION, VIRINJAM TOWERS, KOLLAM-1.`** ``` SRI. SREELAL N WARRIER, SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 7 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 1821 OF 2017`** ## **`PETITIONERS:`** ``` HABEEBULLA S AGED 39 YEARS KJB & SONS LUCKY CENTRE,GOVT. HOSPITAL JUNCTION,PUNALUR, KOLLAM. ``` ## **`BY ADV SMT.MEERA V.MENON`** ## **`RESPONDENTS:`** - **`1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), GOVERNMENT OF INDIA,NORTH BLOCK, NEW DELHI.`** - **`2 THE ASST. COMMISSIONER OF CENTRAL EXCISE CUSTOMS & SERVICE TAX,KOLLAM DIVISION, VIRINJAM TOWERS,KOLLAM - 1.`** ## **`SRI. SREELAL N WARRIER, SC`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 8 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 2142 OF 2017`** ## **`PETITIONER:`** ``` KHADER T.M AGED 54 YEARS S/O.MYTHEEN, THANIKUNNEL (CHEMMAYATH), PALLARIMANGALAM PO, ERNAKULAM DISTRICT 686671 ``` ``` BY ADVS. SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH ``` ## **`RESPONDENTS:`** ``` 1UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI 110001 ``` - **`2 COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS COCHIN COMMISSIONERATE, CENTRAL REVENUE BUILDING, IS PRESS ROAD, COCHIN 682018`** ``` BY ADVS. SMT.KAVERY S THAMPI N.S.DAYA SINDHU SHREE HARI ``` ## **`SRI. SREELAL N WARRIER, SC`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 9 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 2151 OF 2017`** ## **`PETITIONERS:`** ``` FIROZ KHAN M.R. AGED 27 YEARS S/O RASHEED KHAN, MARUTHINKAL EDAVATTY P.O. THODUPUZHA, IDUKKI DIST- 685 588 ``` ``` BY ADVS. SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH ``` ## **`RESPONDENTS:`** ``` 1UNION OF INDIA REP. BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, (DEPARTMENT OF REVENUE) NORTH BLOCK, NEW DELHI- 110 001 ``` - **`2 THE COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS COCHIN COMMISIONERATE, CENTRAL REVENUE BUILDING, IS PRESS ROAD, COCHIN- 682 018`** ``` BY ADVS. SMT.KAVERY S THAMPI N.S.DAYA SINDHU SHREE HARI SRI. SREELAL N WARRIER, SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 10 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ``` WP(C) NO. 2570 OF 2017 ``` ## **`PETITIONERS:`** ``` 1S. SHANMUGHA SUNDARAM AGED 62 YEARS, S/O. SUBBAYAN CHETTIYAR, PARVATHY BHAVAN, VANDITHAVALAM P.O., PALAKKAD DISTRICT - 678 534. ``` ``` 2JAYAN AGED 42 YEARS, S/O. KRISHNAN CHETTIAR, CHITRA NIVAS, NECHUR, KODUVAYOOR P.O., PALAKKAD DISTRICT - 678 501. ``` ``` 3LOKANAYAKI AGED 47 YEARS, W/O. SHANMUGHA SUNDARAM, PARVATHY BHAVAN, VANDITHAVALAM P.O., PALAKKAD DISTRICT - 678 534. ``` ``` BY ADVS. SRI.THIYYANNOOR RAMAKRISHNAN SRI.ARUN KUMAR.P SMT.AMBIKA RADHAKRISHNAN ``` ## **`RESPONDENTS:`** - **`1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, (DEPARTMENT OF REVENUE), GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI - 110 001.`** ``` 2ASSISTANT COMMISSIONER OF CENTRAL EXCISE CUSTOMS & SERVICE TAX, PALAKKAD II DIVISION, P.B NO. 33, METTUPALAYAM STREET, PALAKKAD - 678 001. ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 11 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`3 SUPERINTENDENT`** ``` OFFICE OF THE DY.ASSISTANT COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, PALAKKAD II DIVISION, P.B NO. 33, METTUPALAYAM STREET, PALAKKAD - 678 001. ``` ``` SRI. SREELAL N WARRIER, SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 12 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 5425 OF 2015`** ## **`PETITIONER:`** ``` V.K.KHADER AGED 55 YEARS RAJA VILASAM, AZHOOR ROAD, PATHANAMTHITTA, KERALA ``` ## **`BY ADV SRI.V.S.SHIRAZ BAVA`** ## **`RESPONDENTS:`** - **`1 UNION OF INDIA SECRETARY, MINISTRY OF FINANCE, NEW DELHI.`** ``` 2THE COMMISSIONER OF CENTRAL EXCISE CUSTOMS & SERVICE TAX, P.B.NO.13, ICE BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM-695 001. ``` ``` BY ADV SRI.TOJAN J.VATHIKULAM,SC,C.B. EXCISE SRI. SREELAL N WARRIER, SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 13 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 5489 OF 2015`** ## **`PETITIONER:`** ``` J.K.ENTERPRISES AGED 41 YEARS LOTTERY AGENCY NO.3 JANARDANA COMPLEX, BAHINE VARINJAM TOWERS, CHINNAKKADA, KOLLAM, KERALA. ``` ## **`BY ADV SRI.V.S.SHIRAZ BAVA`** ## **`RESPONDENTS:`** - **`1 UNION OF INDIA SECRETARY, MINISTRY OF FINANCE, NEW DELHI.`** - **`2 THE COMMISSIONER CENTRAL EXCISE CUSTOMS AND SERVICE TAX P.B.NO.13, I.C.E. BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM-695001.`** ``` BY ADV SRI.TOJAN J.VATHIKULAM,SC,C.B. EXCISE SRI. SREELAL N WARRIER, SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 14 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 5492 OF 2015`** ## **`PETITIONER:`** ``` P.CHELLADURAI AGED 47 YEARS PROPRIETOR, M/S.SENGAI SARASWATI LOTTERY AGENCY, NEAR AYYAPPA TEMPLE, KOLLAM MAIN ROAD, ARYANKAVU, KOLLAM DISTRICT, KOLLAM-691309, KERALA. ``` ``` BY ADV SRI.V.S.SHIRAZ BAVA ``` ``` RESPONDENTS: ``` - **`1 UNION OF INDIA SECRETARY, MINISTRY OF FINANCE, NEW DELHI.`** - **`2 THE COMMISSIONER CENTRAL EXCISE CUSTOMS AND SERVICE TAX, P.B.NO.13, I.C.E.BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM-695001.`** ``` BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX SRI. SREELAL N WARRIER, SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 15 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 5502 OF 2015`** ## **`PETITIONER:`** ``` M.S.HAMEED AGED 67 YEARS M.S.COMPANY,VAZHICHERI BUILDING, PAZHAVANGADI,TRIVANDRUM 695 023,KERALA ``` ## **`BY ADV SRI.V.S.SHIRAZ BAVA`** ## **`RESPONDENTS:`** - **`1 UNION OF INDIA SECRETARY, MINISTRY OF FINANCE, NEW DELHI - 110001.`** - **`2 THE COMMISSIONER CENTRAL EXCISE CUSTOMS & SERVICE TAX, PB NO.13,ICE BHAVAN, PRESS CLUB ROAD,THIRUVANANTHAPURAM 695 001`** ``` BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX SRI. SREELAL N WARRIER, SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, ALONG WITH WP(C).3912/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 16 ``` **==> picture [58 x 57] intentionally omitted <==** ## `2025:KER:31170` ## **MOHAMMED NIAS C.P., J** ## **=========================** **WP(C) Nos.3912/2017, 2417/2015, 538/2017, 562/2017, 1788/2017, 1809/2017, 1821/2017, 2142/2017, 2151/2017, 2570/2017, 5425/2015, 5489/2015, 5492/2015, 5502/2015 ========================= Dated this the 10[th ] day of April, 2025** ## **J U D G M E N T** These writ petitions are 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 petitions are allowed as prayed for. **Sd/-** **MOHAMMED NIAS C.P. JUDGE** LU ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 17 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`APPENDIX OF WP(C) 2417/2015`** ``` PETITIONER EXHIBITS : ``` ``` EXHIBIT P1A COPY OF IMPUGNED ORDER NO.TVM-EXCUS-000-COM 12 &13-14-15 (ST) DATED 27.10.2014 PASSED BY RESPONDENT NO.2 ``` - **`EXHIBIT P2 COPY OF THE SERVICE TAX REGISTRATION CERTIFICATE OF THE PETITIONER`** - **`EXHIBIT P3 SAMPLE COPIES OF LOTTERY TICKETS.`** - **`EXHIBIT P4 SAMPLE COPY OF SALE INVOICE ISSUED BY THE DISTRICT LOTTERY OFFICE TO THE PETITIONER.`** - **`EXHIBIT P5 COPY OF THE INVOICE FOR SALE OF LOTTERY TICKETS IN FURTHER RETAIL ISSUED BY THE PETITIONER.`** - **`EXHIBIT P6 COPY OF THE FINAL ORDER AND JUDGMENT OF THIS HONOURABLE COURT IN THE CASE OF M.S.HAMEED (W.A.3320 OF 200)`** - **`EXHIBIT P7 COPY OF THE ORDER OF THE SUPREME COURT DATED 03.12.2004 IN THE CASE OF CIT V.M.S.HAMEED.`** - **`EXHIBIT P8 COPY OF THE ORDER DATED 09.12.2012 PASSED BY THE LD. SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C)NO24845/2013`** - **`EXHIBIT P9 STAY ORDER DATED 10.10.2013 IN WP(C)NO.24845/2013`** - **`EXHIBIT P10 ORDER DATED 14.03.2014 PASSED BY DIVISION BENCH OF THIS HIGH COURT IN WP(C)NO.24845/2013`** - **`EXHIBIT P11 COPY OF THE SHOW CAUSE NOTICE DATED 02.07.2013 IS ISSUED BY RESPONDENT NO.2 TO THE PETITIONER.`** - **`EXHIBIT P12 COPY OF THE SHOW CAUSE NOTICE DATED 15.01.2014 ISSUED BY RESPONDENT NO.3 TO THE PETITIONER.`** ``` EXHIBIT P13COPY OF THE REPLY FILED BY THE PETITIONER ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 18 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`WITHOUT EXHIBITS (COLLY)`** ``` EXHIBIT P14CALCULATIONS SHEET FOR DEMAND OF TAX ON THE BASIS OF PROFIT MARGIN. ``` ``` EXHIBIT P15COPY OF THE OPTION UNDER NOTIFICATION NO.49/2010 ST, DATED 08.10.2010 ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 19 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`APPENDIX OF WP(C) 538/2017`** ## **`PETITIONER EXHIBITS :`** ``` EXHIBIT P1TRUE COPY OF THE CIRCULAR DATED 10.11.2006. ``` ``` EXHIBIT P2TRUE COPY OF THE ORDER DATED 10.11.1999. ``` ``` EXHIBIT P3TRUE COPY OF THE ORDER DATED 14.03.2014 IN W.P[C]NO.24845/2013 PASSED BY THIS HON'BLE COURT. ``` ``` EXHIBIT P4TRUE COPY OF THE ORDER DATED 03.03.2015 IN W.P[C]NO.6605/2015 PASSED BY THIS HON'BLE COURT. ``` ``` EXHIBIT P5TRUE COPY OF THE SHOW CAUSE NOTICE DATED 22.12.2016. ``` ``` EXHIBIT P6TRUE COPY OF THE ORDER DATED 27.10.2016 PASSED BY THIS HON'BLE COURT IN W.P[C]NO.28613/2016. ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 20 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`APPENDIX OF WP(C) 562/2017`** ``` PETITIONER EXHIBITS : EXHIBIT P1TRUE COPY OF THE CIRCULAR DATED 10.11.2016 ``` ``` EXHIBIT P2TRUE COPY OF THE ORDER DATED 10.11.1999 ``` ``` EXHIBIT P3TRUE COPY OF THE ORDER DATED 14.03.2014 IN WPC NO.24845/2013 PASSED BY THIS HON'BLE COURT ``` ``` EXHIBIT P4TRUE COPY OF THE ORDER DATED 03.03.2015 IN WPC NO.6605/2015 PASSED BY THIS HON'BLE COURT ``` ``` EXHIBIT P5TRUE COPY OF THE SHOW CAUSE NOTICE DATED 22.12.2016 EXHIBIT P6TRUE COPY OF THE ORDER DATED 27.10.2016 PASSED BY THIS HON'BLE COURT IN WPC NO.28613/2016 ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 21 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`APPENDIX OF WP(C) 1788/2017`** ``` PETITIONER EXHIBITS : ``` ``` EXHIBIT P1COPY OF SHOW CAUSE NOTICE ISSUED BY THE 2ND RESPONDENT ``` ``` EXHIBIT P2COPY OF ORDER IN W.P.(C) NO. 2417/2015 OF THIS HON'BLE COURT ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 22 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`APPENDIX OF WP(C) 1809/2017`** ``` PETITIONER EXHIBITS : ``` ``` EXHIBIT P1COPY OF SHOW CAUSE NOTICE ISSUED BY THE 2ND RESPONDENT. ``` ``` EXHIBIT P2COPY OF ORDER IN W.P.(C) NO.2417/2015 OF THIS HON'BLE COURT. ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 23 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`APPENDIX OF WP(C) 1821/2017`** ``` PETITIONER EXHIBITS : ``` ``` EXHIBIT P1 COPY OF SHOW CAUSE NOTICE ISSUED BY THE 2ND RESPONDENT. ``` ``` EXHIBIT P2COPY OF ORDER IN WPC NO. 2417/2015 OF THIS HON'BLE COURT. ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 24 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`APPENDIX OF WP(C) 2142/2017`** ``` PETITIONER EXHIBITS : ``` ``` EXHIBIT P1TRUE COPY OF THE CIRCULAR DATED 10.11.2016 ISSUED BY THE 1ST RESPONDENT ``` ``` EXHIBIT P2TRUE COPY OF THE SHOW CAUSE NOTICE DATED 07.06.2016 ALONG WITH COMMUNICATION DATED 21.10.2016 ``` ``` EXHIBIT P3 ``` ``` TRUE COPY OF THE ORDER OF STAY GRANTED IN WPC.NO. 34320/2015 DATED 13.11.2015 ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 25 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`APPENDIX OF WP(C) 2151/2017`** ``` PETITIONER EXHIBITS : ``` ``` EXHIBIT P1TRUE COPY OF HE CIRCULAR DATED 10-11-2016 ISSUED BY THE 1S RESPONDENT ``` ``` EXHIBIT P2TRUE COPY OF THE SHOW CAUSE NOTICE DATED 04- 04-2016 ALONG WITH THE COMMUNICATION DATED 20-12-2016 ``` ``` EXHIBIT P3TRUE COPY OF THE ORDER OF STAY GRANTED IN WPC NO. 34320 OF 2015 DATED 13-11-2015 ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 26 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`APPENDIX OF WP(C) 2570/2017`** ``` PETITIONER EXHIBITS : ``` |**`EXHIBIT P1`**|**`TRUE COPY OF THE CIRCULAR DATED 10.11.2006.`**| |---|---| |**`EXHIBIT P2`**|**`TRUE COPY OF THE ORDER NO.GO(RT) NO.`**| ||**`802/99/TD DATED 10.11.1999.`**| |**`EXHIBIT P3`**|**`TRUE COPY OF THE ORDER IN WPC 24845/2013`**| ||**`DATED 14.3.2014 OF THIS HON'BLE COURT.`**| |**`EXHIBIT P4`**|**`TRUE COPY OF THE ORDER IN WPC 6605/2015 OF`**| ||**`THIS HON'BLE COURT DATED 03.3.2015.`**| |**`EXHIBIT P5`**|**`TRUE COPY OF THE ORDER IN WPC 10608/16 PASSED`**| ||**`BY THIS HON'BLE COURT DATED 18.3.2016.`**| |**`EXHIBIT P6`**|**`TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE`**| ||**`COURT IN WPC NO. 13196/2016 DATED 05.4.2016.`**| |**`EXHIBIT P7`**|**`TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE`**| ||**`CURT IN WPC 15609/2016 DAGED 26.4.2016.`**| |**`EXHIBIT P8`**|**`TRUE COPY OF THE ORDER DATED 28.7.2016 PASSED`**| ||**`BY THIS HON'BLE COURT IN WPC 25076/2016.`**| |**`EXHIBIT P9`**|**`TRUE COPY OF THE ORDER DATED 27.9.2016 PASSED`**| ||**`BY THIS HON'BLE COURT IN WPC 31330/2016.`**| |**`EXHIBIT P10`**|**`TRUE COPY OF THE NOTICE ISSUED BY THE 3RD`**| ||**`RESPONDENT TO THE 1ST PETITIONER DATED`**| ||**`05.9.2016.`**| |**`EXHIBIT P11`**|**`TRUE COPY OF THE NOTICE ISSUED BY THE 3RD`**| ||**`RESPONDENT TO THE 2ND PETITIONER DATED`**| ||**`05.9.2016.`**| |**`EXHIBIT P12`**|**`TRUE COPY OF THE NOTICE ISSUED BY THE 3RD`**| ||**`RESPONDENT TO THE 3RD PETITIONER DATED`**| ||**`05.9.2016.`**| ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 27 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`APPENDIX OF WP(C) 5425/2015`** ## **`PETITIONER EXHIBITS :`** ``` EXHIBIT P1A COPY OF IMPUGNED ORDER NO. TVM-EXCUS-000- COM-26-14-15 DATED 26-11-2014 PASSED BY RESPONDENT NO.2. ``` ``` EXHIBIT P2COPY OF THE LICENSE GRANTED BY THE STATE GOVERNMENT TO THE PETITIONER. ``` - **`EXHIBIT P3 SAMPLE COPIES OF LOTTERY TICKETS.`** - **`EXHIBIT P4 SAMPLE COPY OF SALES INVOICE ISSUED BY THE DISTRICT LOTTERY OFFICE TO THE PETITIONER.`** ``` EXHIBIT P5COPY OF INVOICE FOR SALE OF LOTTERY TICKETS IN FURTHER RETAIL ISSUED BY THE PETITIONER. EXHIBIT P6COPY OF THE ORDERS DATED 16-09-2009., (17.11.2009 AND 21.01.2010 ARE COLLECTIVELY ENCLOSED) EXHIBIT P7COPY OF THE ORDER PASSED BY THE HON'BLE KERALA HIGH COURT DATED 19-08-2011. EXHIBIT P8COPY OF THE FINAL ORDER AND JUDGMENT OF THIS HON'BLE COURT IN THE CASE OF M.S.HAMEED (WA NO.3320 OF 2000) EXHIBIT P9COPY OF THE ORDER OF THE SUPREME COURT DATED 03-12-2004 IN THE CASE OF CIT V M.S.HAMEED. EXHIBIT P10COPY OF THE ORDER DATED 09-12-2012 PASSED BY THE LD. SINGLE JUDGE OF THIS HON'BLE COURT IN WPC.NO.24845/2013. EXHIBIT P11STAY ORDER DATED 10-10-2013 IN WPC.NO.24845/2013 PASSED BY THIS HON'BLE COURT. EXHIBIT P12ORDER DATED 14-03-2014 PASSED BY DIVISION BENCH OF THIS HIGH COURT IN WPC.NO.24845/2013. EXHIBIT P13COPY OF THE SHOW CAUSE NOTICE NO.99/2014 ST(COMMR) DATED 24-06-2014 ISSUED BY THE ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 28 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ``` RESPONDENT NO.2 TO THE PETITIONER. ``` ``` EXHIBIT P14 ``` ``` COPIES OF THE REPLY FILED BY THE PETITIONER. ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 29 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`APPENDIX OF WP(C) 5489/2015`** ``` PETITIONER EXHIBITS : ``` ``` EXHIBIT P1A COPY OF IMPUGNED ORDER NO.TVM-EXCUS-000-COM 24-14-15 DATED 26.11.2014 PASSED BY RESPONDENT NO.2. ``` ``` EXHIBIT P2COPY OF THE LICENSE GRANTED BY THE STATE GOVERNMENT TO THE PETITIONER. ``` ``` EXHIBIT P3COPY OF THE AGREEMENT BETWEEN THE PETITIONER ANDF THE SUPER-STOCKIST M/S M.J.ENTERPRISES. ``` - **`EXHIBIT P4 SAMPLE COPY OF LOTTERY TICKETS.`** - **`EXHIBIT P5 COPIES OF SALES INVOICE.`** ``` EXHIBIT P6COPY OF INVOICE FOR SALE OF LOTTERY TICKETS IN FURTHER RETAIL ISSUED BY THE PETITIONER. EXHIBIT P7COPY OF THE ORDERS DATED 16.9.2009, 17.11.2009 AND 21.1.2010 ARE COLLECTIVELY ENCLOSED (COLLY). EXHIBIT P8COPY OF THE ORDER PASSED BY THE HON'BLE KERALA HIGH COURT DATED 19.8.2011. EXHIBIT P9COPY OF THE FINAL ORDER AND JUDGMENT OF THIS HON'BLE COURT IN THE CASE OF M.S.HAMEED (W.A.NO.3320 OF 20000) EXHIBIT P10COPY OF THE ORDER OF THE SUPREME COURT DATED 3.12.2004 IN THE CASE OF CIT V. M.S.HAMEED. EXHIBIT P11COPY OF THE ORDER DATED 9.12.2012 PASSED BY THE ,D. SINGLE JUDGE OF THIS HON'BLE COURT IN WPC NO.24845/2013. EXHIBIT P12STAY ORDER DATED 10.10.2013 IN WPC NO.24845/2013 PASSED BY THIS HON'BLE COURT. EXHIBIT P13ORDER DATED 14.3.2014 PASSED BY DIVISION BENCH OFTHIS HOGH COURT IN PWC NO.24845/2013. EXHIBIT P14COPY OF THE SHOW CAUSE NOTICE NO.101/2014 (ST COMMR) DATED 26.6.2014 ISSUED BY RESPONDENT ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 30 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ``` NO.2 TO THE PETITIONER. ``` ``` EXHIBIT P15COPIES OF THE REPLY FILED BY PETITIONER ALONG WITH ALL THE EXHIBITS (COLLY). ``` ``` EXHIBIT P16 ``` ``` CALCULATIONS SHEET FOR DEMAND OF TAX ON THE BASIS OF PROFIT MARGIN. ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 31 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`APPENDIX OF WP(C) 5492/2015`** ## **`PETITIONER EXHIBITS :`** ``` EXHIBIT P1TRUE COPY OF THE IMPUGNED ORDER NO.TVM-EXCUS- 000-COM 32-14-15 DT.9-12-2014 PASSED BY R2. ``` ``` EXHIBIT P2TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE SUPER-STOCKIST M/S.M.J.ENTERPRISES. ``` ``` EXHIBIT P3SAMPLE COPY OF LEDGER ACCOUNT OF THE PETITIONER. ``` - **`EXHIBIT P4 TRUE COPY OF THE INVOICE FOR SALE OF LOTTERY TICKETS IN FURTHER RETAIL ISSUED BY THEL PETITIONER.`** ``` EXHIBIT P5TRUE COPY OF THE ORDERS DT.16.09.2009, 17.11.2009 AND 21-1-2010 ARE COLLECTIVELY ENCLOSED (COLLY). EXHIBIT P6TRUE COPY OF THE FINAL ORDER AND JUDGMENT OF THIS HON'BLE COURT IN THE CASE OF M.S.HAMEED (WA 3320/2000). EXHIBIT P7TRUE COPY OF THE ORDER OF THE SUPREME COURT DT.3-12-2004 IN THE CASE OF CIT V. M.S.HAMEED. EXHIBIT P8TRUE COPY OF THE ORDER DT.9-12-12 PASSED BY THE LD.SINGLE JUDGE OF THIS HON'BLE COURT IN WPC 24845/13. EXHIBIT P9STAY ORDER DT.10-10-2013 IN WPC 24845/2013 PASSED BY THIS HON'BLE COURT. EXHIBIT P10ORDER DT.14-3-14 PASSED BY DB OF THIS HIGH COURT IN WPC 24845/13. EXHIBIT P11TRUE COPY OF THE SHOW CAUSE NOTICE NO.100/14 ST(COMMR) DT.25-6-14 ISSUED BY R2 TO THE PETITIONER. EXHIBIT P12TRUE COPY OF THE REPLY AND WRITTEN SUBMISSIONS FILED BY THE PETITIONER IN RESPONSE TO THE SCN DT.25-6-14 (COLLY). ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 32 ``` ``` 2025:KER:31170 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`APPENDIX OF WP(C) 5502/2015`** ## **`PETITIONER EXHIBITS :`** ``` EXHIBIT P1COPY OF IMPUGNED ORDER NO. TVM-EXCUS-000-COM- 36-14-15 DATED 10//12/2014 PASSED BY RESPONDENT NO.2 ``` ``` EXHIBIT P2COPY OF THE LICENSE GRANTED BY THE STATE GOVERNMENT ``` - **`EXHIBIT P3 SAMPLE COPIES OF LOTTERY TICKETS`** - **`EXHIBIT P4 SAMPLE COPY OF SALES INVOICE ISSUED BY THE SELLER TO THE PETITIONER`** ``` EXHIBIT P5COPY OF INVOICE FOR SALE OF LOTTERY TICKETS IN FURTHER RETAIL ISSUED BY THE PETITIONER EXHIBIT P6COPY OF THE ORDERS DATED 16/9/2009,17/11/2009 AND 21/01/2010 ARE COLLECTIVELY ENCLOSED EXHIBIT P7COPY OF THE FINAL ORDE3R AND JUDGMENT OF THIS HON'BLE COURT IN THE CASE OF M.S.HAMEED(W.A.NO.3320/2000) EXHIBIT P8COPY OF THE ORDER OF THE SUPREME COURT DATED 3/12/2004 IN THE CASE OF CIT V M.S.HAMEED EXHIBIT P9COPY OF THE ORDER DATED 9/12/12 PASSED BY THE LD.SINGLE JUDGE OF THIS HON'BLE COURT IN WPC NO. 24845/2013 EXHIBIT P10STAY ORDER DATED 10/10/20&#96;13 IN WPXC NO. 24845/2013 PASSED BY THIS HON'BLE COURT EXHIBIT P11ORDER DATED 14/3/2014 PASSED BY DIVISION BENCH OF THIS HIGH COURT IN WPC NO.24845/2013 EXHIBIT P12COPY OF THE SHOW CAUSE NOTICE NO.123/2013 ST(COMMR) DATED 30/12/2013 ISSUED BY RESPONDENT NO.2 TO THE PETITIONER EXHIBIT P13 COPY OF THE REPLY AND WRITTEN SUBMISSION FILED BY THE PETITIONER IN RESPONSE TO THE SCN DATED 30/12/2013(COLLY) ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 33 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ``` EXHIBIT P14CALCULATIONS SHEET FOR DEMAND OF TAX ON THE BASIS OF PROFIT MARGIN ``` ``` WP(C) NO. 3912/2017 and connected cases ``` ``` 34 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:31170 ``` ## **`APPENDIX OF WP(C) 3912/2017`** ## **`PETITIONER EXHIBITS :`** ``` EXHIBIT P1TRUE COPY OF THE CIRCULAR DATED 10-11-2006 ``` ``` EXHIBIT P2TRUE COPY OF THE ORDER DATED 10-11-1999 ``` ``` EXHIBIT P3TRUE COPY OF THE ORDER DATED 14-03-2014 IN W.P(C) NO 24845/2013 PASSED BY THIS HON'BLE COURT ``` ``` EXHIBIT P4TRUE COPY OF THE ORDER DATED 03-03-2015 IN W.P(C) NO 6605/2015 PASSED BY THIS HON'BLE COURT ``` ``` EXHIBIT P5TRUE COPY OF THE SHOW CAUSE NOTICE DATED 16- 12-2016 ``` ``` // True Copy // PA To Judge ```