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september 2006

Supreme Court of India · 2006-09-14

Municipal Corporation Of Delhi vs Rishi Raj Jain & Anr

Citation / case number
AIR 2006 SUPREME COURT 3268
Court
Supreme Court of India
Petitioner
Municipal Corporation Of Delhi
Respondent
Rishi Raj Jain & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Dalveer Bhandari

Judgment text excerpt

The Supreme Court ruled that under Section 115 of the Delhi Municipal Corporation Act, 1957, agricultural lands and buildings are exempt from general tax, but dwelling houses are not. The Court held that the Appellant-Corporation's assessment of tax based on the entire 2.5 acres of land was unjustified, as the covered area of the dwelling unit did not exceed permissible limits and there was no evidence to support the presumption of the entire land being necessary for the dwelling's enjoyment. The Court upheld the High Court's decision to quash the tax assessment, emphasizing the need for evidence in tax matters.

Municipal Corporation Of Delhi vs Rishi Raj Jain & Anr · Niyam