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february 1990

Supreme Court of India · 1990-02-21

KERALA HOTEL & RESTAURANT ASSN. vs STATE OF KERALA .

Citation / case number
SC 1988/68431
Court
Supreme Court of India
Petitioner
KERALA HOTEL & RESTAURANT ASSN.
Respondent
STATE OF KERALA .
Author
JAGDISH SARAN VERMA
Bench
JAGDISH SARAN VERMA

Judgment text excerpt

The Supreme Court upheld the constitutional validity of provisions in the Kerala General Sales Tax Act, 1963, and the Tamil Nadu General Sales Tax Act, 1959, which impose sales tax on cooked food sold in luxury hotels while exempting modest eating houses. The Court found that this classification does not violate Article 14, as it is based on intelligible differentia and has a rational nexus with the objective of raising revenue from affluent customers. The Court dismissed the appeals from hoteliers and allowed the appeals by the State of Tamil Nadu, affirming the legislative discretion in taxation classification.

KERALA HOTEL & RESTAURANT ASSN. vs STATE OF KERALA . · Niyam