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.