Supreme Court dismisses plea seeking GST exemption for Haj-Umrah services

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Synopsis

The batch of petitions filed by All India Haj Umrah Tour Organizer Associations sought removal of GST and Service Taxes on the Hajj services provided to Hajis of India in Saudi Arabia.

A Supreme Court bench of Justices Khanwilkar, Abhay Oka and Pardiwala today dismissed a plea seeking GST and Service Tax exemption on the Hajj pilgrimage.

The batch of petitions filed by All India Haj Umrah Tour Organizer Associations sought removal of GST and Service Taxes on the Hajj services provided to Hajis of India in Saudi Arabia. For the performance of Hajj and Umrah, certain services are provided. Services include Air tickets, currency exchange, etc.

Counsel appearing for the petitioner had argued that for the services consumed in Saudi Arabia taxes cannot be levied in India. "It is very important where the service is consumed. The Statute says that tax will be levied where the Consumer is located. According to us, it's not the correct approach," The counsel had said.

Senior Advocate Arvind Datar appearing for the petitioner had submitted before the Supreme Court that " the Government has taken a stand that hajj is a commercial activity. They say when you go to Badrinath-Kedarnath you don't get any exemption."While arguing that the GST council's stand that Hajj is not a religious ceremony is grossly wrong, Datar had further stated that going to hajj is not like undertaking a Char-Dham yatra.

Cause Title: All India Haj Umrah Tour Organizer Association Mumbai Vs. Union of India & Ors.