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october 1992

Supreme Court of India · 1992-10-20

INDIAN OIL CORPN. vs MUNICIPAL CORPN. .

Citation / case number
SC 1990/72972
Court
Supreme Court of India
Petitioner
INDIAN OIL CORPN.
Respondent
MUNICIPAL CORPN. .
Author
] [S. VERMA AND A.S. ANAND
Bench
JJ.] [J.S. VERMA AND DR. A.S. ANAND

Judgment text excerpt

The Supreme Court held that Section 113 of the Punjab Municipal Corporation Act, 1976, which authorizes the levy of octroi on goods imported within municipal limits, must be interpreted in accordance with Entry 52 of List II of Schedule VII of the Constitution. The Court ruled that the municipality cannot levy taxes on goods brought into the area for purposes other than consumption, use, or sale. Consequently, the Court allowed the appeal, overturning the High Court's decision that upheld the octroi duty, thereby clarifying the limitations of municipal taxation powers.

INDIAN OIL CORPN. vs MUNICIPAL CORPN. . · Niyam