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may 1988

Supreme Court of India · 1988-05-05

TATA TEA LTD. & ANR. ETC. vs STATE OF WEST BENGAL & ORS. ETC.

Citation / case number
SC 1980/63239
Court
Supreme Court of India
Petitioner
TATA TEA LTD. & ANR. ETC.
Respondent
STATE OF WEST BENGAL & ORS. ETC.
Author
M.H. KANIA
Bench
M.H. KANIA

Judgment text excerpt

The Supreme Court examined the constitutional validity of sections 3 and 5 of the Bengal Agricultural Income-tax (Amendment) Act, 1980, and the Agricultural Income-tax (Amendment) Act, 1980 (Kerala Act No. 17 of 1980), which aimed to impose agricultural income-tax on the entire income from the sale of tea. The Court held that these amendments transgressed the legislative competence of the State Legislatures under Article 246(3) of the Constitution, as they sought to tax income beyond the permissible limit of 60% as defined in prior income tax laws. Consequently, the amendments were declared void and unconstitutional.

TATA TEA LTD. & ANR. ETC. vs STATE OF WEST BENGAL & ORS. ETC. · Niyam