Court stays implementation of LMD notice

Excelsior Correspondent

JAMMU, Dec 20: Chief Judicial Magistrate Jammu Suneet Gupta today stayed the implementation of notice of Deputy Controller Legal Metrology Department whereby the hotels were restrained from collecting service chargefrom the customers.
The stay was granted in a suit filed by Jammu Hotel Restaurant and Bar Association through Advocate Sumir Pandita.
After hearing counsel for the Association and Mohd Amir Awan for the State, CJM observed, “the counsel for the plaintiff has submitted that 10% service charge is distributed among the employees of the hotels and restaurants and it is not amounting to be service tax which is not applicable in J&K”.
“The court is of the opinion that at this stage where the defence of the defendants is yet to be filed, it would be appropriate to stay the implementation of the notice issued by the defendant”, CJM said, adding the enforcement and implementation of Notice No: LM/DC/(Enf)/ 194-200/2016 dated: 19-11-2016 shall remain stayed till the next date of hearing and till the objections of the defendants are filed and considered.

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