Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1993

Supreme Court of India · 1993-04-13

M/S. B.K. INDUSTRIES vs UNION OF INDIA

Citation / case number
SC 1987/61408
Court
Supreme Court of India
Petitioner
M/S. B.K. INDUSTRIES
Respondent
UNION OF INDIA
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court upheld the validity of the levy and collection of cess under Section 3 of the Vegetable Oils Cess Act, 1983, for the period from March 1, 1986, to March 31, 1987. The Court ruled that the cess, being imposed by a parliamentary enactment, could only be rendered inoperative by another parliamentary enactment, which occurred with the repeal in 1987. The Court clarified that statements made by the Finance Minister in his Budget Speech do not constitute law and cannot exempt the cess, affirming the intention of Parliament to maintain the cess until its repeal.

M/S. B.K. INDUSTRIES vs UNION OF INDIA · Niyam