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august 2015

Supreme Court of India · 2015-08-24

A. Prabhakara Reddy & Co vs State Of M.P. & Ors

Citation / case number
AIR 2015 SUPREME COURT 3293
Court
Supreme Court of India
Petitioner
A. Prabhakara Reddy & Co
Respondent
State Of M.P. & Ors
Author
Shiva Kirti Singh
Bench
Shiva Kirti Singh, Vikramajit Sen

Judgment text excerpt

The Supreme Court addressed the legality of cess demands under The Building and Other Construction Workers’ Welfare Cess Act, 1996, specifically Section 3, in relation to contracts finalized before the establishment of the Madhya Pradesh Building and Other Construction Workers’ Welfare Board. The Court held that cess cannot be levied retrospectively on contracts executed prior to the Board's constitution, affirming that the cost of construction is determined at the time of contract execution. Consequently, the demand for cess on pre-Board contracts was deemed unwarranted and illegal, leading to the dismissal of the appeals.

A. Prabhakara Reddy & Co vs State Of M.P. & Ors · Niyam