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february 1995

Supreme Court of India · 1995-02-10

AMRIT BANASPATI CO. LTD. vs UNION OF INDIA AND ORS.

Citation / case number
SC 1973/60408
Court
Supreme Court of India
Petitioner
AMRIT BANASPATI CO. LTD.
Respondent
UNION OF INDIA AND ORS.
Author
K.S. PARIPOORNAN
Bench
K.S. PARIPOORNAN

Judgment text excerpt

The Supreme Court examined the validity of Section 178 of the Delhi Municipal Corporation Act, 1957, which imposes a terminal tax on goods transported into Delhi. The Court held that while the levy restricts trade and commerce, it is saved under Article 302 of the Constitution, which allows for such restrictions in the interest of the general public. Consequently, the appeal was dismissed, affirming the High Court's decision that the tax is constitutional despite its conflict with Article 301.

AMRIT BANASPATI CO. LTD. vs UNION OF INDIA AND ORS. · Niyam