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september 1991

Supreme Court of India · 1991-09-25

INDIAN ALUMINIUM CO. LTD. vs THANE MUNICIPAL CORPORATION

Citation / case number
SC 1991/64216
Court
Supreme Court of India
Petitioner
INDIAN ALUMINIUM CO. LTD.
Respondent
THANE MUNICIPAL CORPORATION
Author
K. JAYACHANDRA REDDY
Bench
K. JAYACHANDRA REDDY

Judgment text excerpt

The Supreme Court ruled that under the Maharashtra Municipalities (Octroi) Rules, 1968, specifically Schedule I, Entry No. 77 and Rule 4, the failure to submit Form 14 precludes a company from claiming a refund of octroi duty. The Court held that the petitioner-Company's procedural failure does not entitle it to a refund, as the concessional rate of octroi is contingent upon compliance with the specified procedure. The High Court's dismissal of the writ petition was upheld, affirming the necessity of procedural adherence for tax claims.

INDIAN ALUMINIUM CO. LTD. vs THANE MUNICIPAL CORPORATION · Niyam