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march 2005

Supreme Court of India · 2005-03-09

CALCUTTA MUNICIPAL CORPORATION vs M/S.SHREY MERCANTILE PVT. LTD. .

Citation / case number
SC 2000/13540
Court
Supreme Court of India
Petitioner
CALCUTTA MUNICIPAL CORPORATION
Respondent
M/S.SHREY MERCANTILE PVT. LTD. .
Author
S.N.VARIAVA,AR.LAKSHMANAN,S.H. KAPADIA
Bench
S.N.VARIAVA,DR.AR.LAKSHMANAN,S.H. KAPADIA

Judgment text excerpt

The Supreme Court determined that the fee imposed by the Calcutta Municipal Corporation for changing the name of the owner in the assessment books is a 'fee' and not a 'tax', as per the Calcutta Corporation (Taxation) Regulations, 1989. The Court held that the fee is a regulatory charge for a specific service provided by the corporation, thus falling under the definition of a fee rather than a tax. The appeals were decided in favor of the corporation, affirming the legality of the fee structure established under the relevant regulations.

CALCUTTA MUNICIPAL CORPORATION vs M/S.SHREY MERCANTILE PVT. LTD. . · Niyam