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march 2005

Supreme Court of India · 2005-03-09

Calcutta Municipal Corporation & ... vs M/S Shrey Mercantile Pvt.Ltd.&Others

Citation / case number
AIR 2005 SUPREME COURT 1879
Court
Supreme Court of India
Petitioner
Calcutta Municipal Corporation & ...
Respondent
M/S Shrey Mercantile Pvt.Ltd.&Others
Bench
S.N. Variava, Ar. Lakshmanan, S.H. Kapadia

Judgment text excerpt

The Supreme Court determined that the fee imposed by the Calcutta Municipal Corporation for the process of changing the name of the owner in the assessment books is a 'fee' and not a 'tax' under the Calcutta Corporation (Amendment) Act, 1988. The Court held that the fee is a regulatory charge for the service rendered by the corporation in maintaining accurate records, thus affirming the validity of the fee structure established under the Calcutta Corporation (Taxation) Regulations, 1989. The appeals were dismissed, upholding the corporation's demand for mutation fees.

Calcutta Municipal Corporation & ... vs M/S Shrey Mercantile Pvt.Ltd.&Others · Niyam