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march 1997

Supreme Court of India · 1997-03-10

MUN. CORP. OF DELHI vs NARESH KUMAR

Citation / case number
SC 1995/5218
Court
Supreme Court of India
Petitioner
MUN. CORP. OF DELHI
Respondent
NARESH KUMAR
Author
B.P. JEEVAN REDDY
Bench
K.S. PARIPOORNAN B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court interpreted Section 115(4)(c) of the Delhi Municipal Corporation Act, 1957, regarding the taxation of farmhouses. The Court held that a dwelling house used substantially for agricultural purposes is exempt from the general tax, while those used predominantly for dwelling purposes are taxable. The High Court's view that the exemption applies if the building is mainly used for agriculture was upheld, establishing that the burden of proof lies on the claimant to demonstrate substantial agricultural use to qualify for the exemption.

MUN. CORP. OF DELHI vs NARESH KUMAR · Niyam