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may 1989

Supreme Court of India · 1989-05-02

EXPRESS HOTELS PRIVATE LIMITED vs STATE OF GUJARAT & ANR.

Citation / case number
SC 1981/63615
Court
Supreme Court of India
Petitioner
EXPRESS HOTELS PRIVATE LIMITED
Respondent
STATE OF GUJARAT & ANR.
Bench
PATHAK, R.S. (CJ),MUKHARJI, SABYASACHI ,NATRAJAN, S. ,VENKATACHALLIAH, M.N. ,RANGNATHAN, S.

Judgment text excerpt

The Supreme Court upheld the validity of the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act, 1977, interpreting Entry 62 of List II of Schedule VII of the Constitution, which allows states to impose taxes on luxuries. The Court clarified that the definition of 'charges for lodging' includes various amenities and that the tax on services provided in hotels does not violate Articles 19(1)(g) or 301. The Court held that the legislative entry should be construed broadly to encompass ancillary services related to luxury accommodations, affirming the state's competency to levy such taxes.

EXPRESS HOTELS PRIVATE LIMITED vs STATE OF GUJARAT & ANR. · Niyam