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august 2006

Supreme Court of India · 2006-08-07

Vijayalashmi Rice Mill And Ors vs Commerical Tax Officers, Palakol And ...

Citation / case number
AIR 2006 SUPREME COURT 2897
Court
Supreme Court of India
Petitioner
Vijayalashmi Rice Mill And Ors
Respondent
Commerical Tax Officers, Palakol And ...
Author
Markandey Katju
Bench
Ashok Bhan, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Andhra Pradesh Rural Development Act, 1996, affirming that the cess levied under Section 7(1) is a fee rather than a tax, thus falling under Entry 66 of List II of the Seventh Schedule of the Constitution. The Court rejected the appellants' argument that the cess lacked a quid pro quo, emphasizing that the funds generated are intended for rural development, which aligns with the objectives of the Act. Consequently, the appeals challenging the levy of cess were dismissed, affirming the High Court's decision.

Vijayalashmi Rice Mill And Ors vs Commerical Tax Officers, Palakol And ... · Niyam