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december 2016

Supreme Court of India · 2016-12-16

AHMEDABAD MUNICIPAL CORPORATION vs GTL INFRA. LTD. & ORS. ETC.

Citation / case number
SC 2013/17598
Court
Supreme Court of India
Petitioner
AHMEDABAD MUNICIPAL CORPORATION
Respondent
GTL INFRA. LTD. & ORS. ETC.
Author
PRAFULLA C. PANT RANJAN GOGOI
Bench
PRAFULLA C. PANT RANJAN GOGOI

Judgment text excerpt

The Supreme Court upheld the constitutionality of Section 145A of the Gujarat Provincial Municipal Corporations Act, 1949, which allows for the levy of property tax on mobile towers, rejecting the Gujarat High Court's ruling that deemed it ultra vires. The Court clarified that mobile towers, including the cabins housing the BTS systems, qualify as buildings under the Act and are thus subject to taxation. The appeals from the State Government and Municipal Corporations were allowed, affirming the validity of the tax imposition on mobile towers.

AHMEDABAD MUNICIPAL CORPORATION vs GTL INFRA. LTD. & ORS. ETC. · Niyam