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march 1985

Supreme Court of India · 1985-03-15

STATE OF WEST BENGAL vs GHUSICK & MUSLIA COLLIERIES LTD.

Citation / case number
SC 1970/60354
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
GHUSICK & MUSLIA COLLIERIES LTD.
Author
R.B. MISRA
Bench
R.B. MISRA

Judgment text excerpt

The Supreme Court held that the cess levied on the sale of percolated water from coal mines is justified under Section 6 of the Bengal Cess Act, 1880. The Court clarified that income derived from the sale of such water constitutes profit from the mine, regardless of whether it is a casual or regular income. The High Court's decision to quash the cess was overturned, affirming that the water sold is indeed part of the gross earnings from the mining operations.

STATE OF WEST BENGAL vs GHUSICK & MUSLIA COLLIERIES LTD. · Niyam