Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2008

Supreme Court of India · 2008-01-25

ASSTT. DIRECTOR OF MINES & GEOLOGY vs M/S. DECCAN CEMENTS LTD.

Citation / case number
SC 2002/1515
Court
Supreme Court of India
Petitioner
ASSTT. DIRECTOR OF MINES & GEOLOGY
Respondent
M/S. DECCAN CEMENTS LTD.
Author
S.H. KAPADIA ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the Cess and Other Taxes on Minerals (Validation) Act, 1992 does not authorize the collection of cess for liabilities accrued prior to April 4, 1991, affirming the validity of the Act while clarifying that it does not permit fresh levies or collections. The Court distinguished between 'levy' and 'collect' under Article 265 of the Constitution, emphasizing that while a tax may be levied, its collection is subject to prior realization. The appeals were dismissed, upholding the High Court's decision that no further cess could be collected post the specified date.

ASSTT. DIRECTOR OF MINES & GEOLOGY vs M/S. DECCAN CEMENTS LTD. · Niyam