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1 - 8 of 8 (1.48 seconds)The Madurai City Municipal Corporation Act, 1971
Assistant Commissioner Of Urban Land ... vs The Buckingham & Carnatic Co. Ltd., Etc on 11 April, 1969
In Assistant Commissioner of Urban Land Tax, Madras and others v Buckingham and Carnatic Company Limited (1970)75 I.T.R. 603 : (1970)1 S.C.J. 265 : (1970) 1 An. W.R. (S.C.) 55 : (1970) 1 M.L.J. (S.C.) 55 : (1970) 1 S.C.R. 268 : A.I.R. 1970 S.C. 169 the validity to the Tamil Nadu Urban Land Tax Act, 1966 was questioned. The charging section in that Act levied a tax on the market value of urban land which under Section 6 shall be estimated to be the pries which in the opinion of the Assistant Commissioner or the Tribunal as the case may be, such urban land would have fetched or fetch if sold in the open market on the date of commencement of this Act." It was urged in that case that this tax which was levied on the market value, was not a tax on land covered by Entry 49 of the State List, and that it impinged on the legislative powers of Parliament under Entry 86 of the Union List. Entry 86 of the Union List in the VII Schedule to the Constitution authorises Parliament to levy "taxes on the capital value of the assets exclusive of agricultural land, of individuals and companies;..."
Patel Gordhandas Hargovindas vs Municipal Commissioner, Ahmedabad on 28 March, 1963
13. Sarkar, J. differed from the majority. He expressed the view that the tax which was levied in that case by the Ahmedabad Municipality can not be said to be a tax on the capital value of assets. His observations at page 645 are worthy of attention. "This tax is leviable on land on the basis of its capital value even though the land may be subject to a charge and even though that charge may exceed the capital value of the land. In such a case, for the purpose of assessment, the charge can be completely ignored and the tax levied notwithstanding that to the owner the property is of no value in view of the charge... Another distinction is that in the case of a tax on capital value of assets, the tax can be levied only on the individual owning the assets."
Tamil Nadu Urban Land Tax Act, 1966
Government of India Act, 1935
Section 6 in The Madurai City Municipal Corporation Act, 1971 [Entire Act]
Section 75 in The Madurai City Municipal Corporation Act, 1971 [Entire Act]
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