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august 2003

Supreme Court of India · 2003-08-21

M/S. WIDIA(INDIA) LTD. vs STATE OF KARNATAKA .

Citation / case number
SC 2001/2273
Court
Supreme Court of India
Petitioner
M/S. WIDIA(INDIA) LTD.
Respondent
STATE OF KARNATAKA .
Author
AR. LAKSHMANAN. M.B. SHAH
Bench
AR. LAKSHMANAN. M.B. SHAH

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Karnataka Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1979, stating that the tax is compensatory in nature and thus immune from challenge under Article 301 of the Constitution. The Court clarified that if a tax is not compensatory, the burden lies on the party defending its validity to prove compliance with Article 304. It was held that the amendments made to Section 3 of the Act, allowing for retrospective taxation, did not violate constitutional provisions as they were reasonable and in public interest, thus affirming the Act's validity post Presidential assent.

M/S. WIDIA(INDIA) LTD. vs STATE OF KARNATAKA . · Niyam