Shivakant Prasad, J. - (1.) The points of law involved in this writ petition are as follows: (I) Whether the Co-operative Credit Society constituted under the Co-operative Societies Act,1983 passed by the West Bengal State Legislature in exercise of its power under Section 32 of List II of the 7th Schedule of the constitution is covered by the Chapter VI of the Finance Act, 1994 passes in exercise of residuary power under Entry 97 of List I read with Article 248 of the Constitution. (II) Whether the Co-operative Credit Society constituted under the West Bengal Co-operative Societies Act, 1983 is covered by Sub-sections (10), (11) and (12) of Section 65 in respect of Service Tax Under Finance Act, 1994. (III) Whether or not Chapter V of the Finance Act, 1994is constitutional in view of trenching upon Entry 32 of List II of the constitution providing for constitution, regulation and winding up of co-operative societies. (IV) Whether Chapter V of the Finance Act 199 is violative of federalism which is one of the basic structure of the constitution.
(2.) That the petitioner is a co-operative society constituted under the West Bengal Co-operative Societies Act, 1983(hereinafter referred to the as the said Act).
(3.) Section 5 of the said Act provides that the provisions of the Companies Act, 1956 shall not apply to Co-operative Societies, now Section 8 of Act 2006 which is pari materia provision to section 5 of the Act 1983 and Section 6 of the Act 1983 provides that no person other than a co-operative society shall trade or carry on business under any name of title of which the word co-operative or its equivalent in any language is a part thereof.;