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may 1989

Supreme Court of India · 1989-05-12

BUXA DOOARS TEA COMPANY LTD. ETC. vs STATE OF WEST BENGAL AND OTHERS

Citation / case number
SC 1983/65928
Court
Supreme Court of India
Petitioner
BUXA DOOARS TEA COMPANY LTD. ETC.
Respondent
STATE OF WEST BENGAL AND OTHERS
Author
R.S. () PATHAK
Bench
R.S. (CJ) PATHAK

Judgment text excerpt

The Supreme Court examined the constitutional validity of the West Bengal Rural Employment and Production Act, 1976, specifically Sections 4(2)(aa) and 4(4), which imposed a rural employment cess on tea estates. The Court held that if a tax on goods directly impedes the movement of goods across India, it violates Article 301; however, if the impact is indirect, it does not. The Court concluded that the levy was valid under Article 304(b) as it was introduced with the President's sanction, thus upholding the Act's constitutionality.

BUXA DOOARS TEA COMPANY LTD. ETC. vs STATE OF WEST BENGAL AND OTHERS · Niyam