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rajindia (owner)     20 December 2013

Can the service tax be challenged on basic grounds?


I have following queries about service tax in principle.

1) I understand that service tax has still no back up as "Law" although it has been in place for quite some time now. Can it be challenged on this ground if this is indeed true.

This may be going to the very basics of taxation, but I think it is worth exploring.

2) Can we as tax payers object to collecting taxes if we can prove that the taxes collected are not spent for the right purposes (say the instances of wasted food grains due to insufficient storages, fake beneficiaries of govt welfare schemes who Sonia Gandhi felicitated recently, food security bill, etc.) In short, can the government on one hand keep on loading the citizens with different taxes and spend all the money on government sponsored fraud and gross negligence and still force the citizens to pay up the taxes.

3) What is in general every citizen's right in terms of the right and meaningful spending of the taxes collected?

Any insight on this will be highly helpful.

Thanking you in advance.


 3 Replies

Mahesh V.P. (Advocate)     31 December 2013

You reflect the general anger of the common man, but it is our fundamental duty "to abide by the Constitution and respect the National Flag and the National Anthem" of our Country so we have to respect any Law constitutionally passed the Government and comply with it.

When time comes the Country will answer you question.

Jai Hind!

rajindia (owner)     02 January 2014

Thank you Sir for your reply.

there is no doubt about what you said about the constitution, the tricolour and the national anthem. However, my question was in different direction. It was w.r.t. the accountability on the part of the lawmakers to utilize taxpayers' money effectively and without misuse and misappropriation. I am sure constitution does not 1) protect those who make the laws to loot the public on one side, 2) on the other hand gives them free hand for such misappropriation and 3) stop the common man from questioning the rulers' motives in taxing the common men without changing their ways of governing. Hence the original question!

saravanan (articled assistant)     19 April 2014

Hi RajIndia,

At the outset, please note that the Central Government has constitutional powers vide entry 92C to union list of the Constitution of India and hence, the same cannot be denied to be paid by the tax payer on any ground as long as the activity qualifies as Service.

With respect to your complaint on improper allocation of tax paid funds, you shall show your anger at the proper span of time which is the coming general public elections on the government.


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