Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1961

Supreme Court of India · 1961-03-24

DEVANAGERE COTTON MILLS LTD.DEVANAGERE vs THE DEPUTY COMMISSIONER, CHITRADURGAAND ANOTHER

Citation / case number
SC 1960/48
Court
Supreme Court of India
Petitioner
DEVANAGERE COTTON MILLS LTD.DEVANAGERE
Respondent
THE DEPUTY COMMISSIONER, CHITRADURGAAND ANOTHER
Author
DAS, S.K.,KAPURL.,HIDAYATULLAH, M.,SHAHC.,AIYYAR, T.L. VENKATARAMA
Bench
DAS, S.K.,KAPUR, J.L.,HIDAYATULLAH, M.,SHAH, J.C.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the Deputy Commissioner is authorized to assess cotton cess under the Indian Cotton Cess Act, 1923, despite the appellants' claim that only the Collector could do so. The Court clarified that the definition of 'Collector' in the Act incorporates the General Clauses Act, 1897, which applies to all Central Acts irrespective of territorial extension. Thus, the Deputy Commissioner, acting under the authority of the Act, was validly demanding returns from the appellants, and the High Court's dismissal of the petition was upheld.

DEVANAGERE COTTON MILLS LTD.DEVANAGERE vs THE DEPUTY COMMISSIONER, CHITRADURGAAND ANOTHER · Niyam