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april 1973

Supreme Court of India · 1973-04-10

V. NAGAPPA vs IRON ORE MINES CESS COMMISSIONER & ANOTHER

Citation / case number
SC 1967/314
Court
Supreme Court of India
Petitioner
V. NAGAPPA
Respondent
IRON ORE MINES CESS COMMISSIONER & ANOTHER
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court upheld the validity of Section 2 of the Iron Ore Mines Labour Welfare Cess Act, 1961, which allows the Central Government to levy an excise duty on iron ore production. The Court found that the delegation of power to fix the rate of excise duty does not suffer from excessive delegation as it is guided by the necessary expenditure for the Act's purposes, as specified in Section 3. The appeal was dismissed, affirming that the discretion exercised by the Government is not uncontrolled and is limited by the expenses required for statutory functions.

V. NAGAPPA vs IRON ORE MINES CESS COMMISSIONER & ANOTHER · Niyam