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march 1971

Supreme Court of India · 1971-03-29

STATE OF KERALA vs SOUTH INDIA CORPORATION(P) LTD.

Citation / case number
SC 1969/60053
Court
Supreme Court of India
Petitioner
STATE OF KERALA
Respondent
SOUTH INDIA CORPORATION(P) LTD.
Author
SIKRI, S.M. (),MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,REDDY, P. JAGANMOHAN
Bench
SIKRI, S.M. (CJ),MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that under Article 277 of the Constitution, taxes lawfully levied by a State before the Constitution's commencement may continue until Parliament provides otherwise. However, the imposition of sales tax on works contracts was deemed beyond State competence due to Article 278, which established an agreement preventing such taxation. The Court concluded that the agreement broke the continuity of the levy, thus no sales tax could be imposed after January 26, 1960, as the agreement's expiration did not resuscitate the tax imposition.

STATE OF KERALA vs SOUTH INDIA CORPORATION(P) LTD. · Niyam