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.