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may 2008

Supreme Court of India · 2008-05-09

UNION OF INDIA vs BELGACHI TEA COMPANY LTD. .

Citation / case number
SC 2001/9117
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
BELGACHI TEA COMPANY LTD. .

Judgment text excerpt

The Supreme Court addressed the legality of the Bengal Agricultural Income Tax (Amendment) Act, 1980, specifically sections 3 and 5, which were challenged as ultra vires the Constitution. The Court upheld the precedent set in Tata Tea Ltd. & Another v. State of West Bengal, affirming that income from tea manufacturing should primarily be assessed under the Income Tax Act, 1961, with only a portion subject to the Bengal Agricultural Income Tax Act, 1944. The Court directed that any contrary assessment orders must be quashed and reassessed in accordance with the law, thereby ruling in favor of the assessee.

UNION OF INDIA vs BELGACHI TEA COMPANY LTD. . · Niyam