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2008 Supreme(SC) 1907

ARIJIT PASAYAT, S.H.KAPADIA
Jaiprakash Associates Ltd. – Appellant
Versus
State of M. P. – Respondent


Judgment :

Dr. Arijit Pasayat, J.

1. In these cases various issues of seminal importance are involved. Pursuant to the directions given by this Court in Jindal Stainless Ltd. (2) and Anr. v. State of Haryana and Ors. (2006 (7) SCC 241) various High Courts have heard the Writ Petitions filed challenging the legality of levy of Entry Tax in the State by concerned Statute of the State. In most of the cases, Entry Tax has been introduced after abolition of Octroi. A series of judgments of this Court, for example, Atiabari Tea Co. Ltd. v. State of Assam (1961 (1) SCR 809), Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan (1963 (1) SCR 491), Khyerberi Tea Co. Ltd. v. State of Assam (1964 (5) SCR 975), Meenakshi v. State of Karnataka (1984 Supp SCC 326), Bolani Ores Ltd. v. State of Orissa (1974 (2) SCC 777) and Kamaljeet Singh and Ors. v. Municipal Board, Pilkhwa and Ors. (1986 (4) SCC 174) apart from Jindals case (supra) have been pressed into service by the parties. Stand of the appellants in the present cases essentially is that true nature of the levy of Entry Tax has to be seen and that has not been done. With reference to paragraphs 31 and 42 of Jindals case (supra) it ha



















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