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august 2006

Supreme Court of India · 2006-08-07

M/S.VIJAYALASHMI RICE MILL vs THE COMMERCIAL TAX OFFICERS,PALAKOL&ORS

Citation / case number
SC 1998/18556
Court
Supreme Court of India
Petitioner
M/S.VIJAYALASHMI RICE MILL
Respondent
THE COMMERCIAL TAX OFFICERS,PALAKOL&ORS
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) of the Act 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. Consequently, the appeals challenging the cess were dismissed, affirming the High Court's decision.

M/S.VIJAYALASHMI RICE MILL vs THE COMMERCIAL TAX OFFICERS,PALAKOL&ORS · Niyam