SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(SC) 473

ASHOK BHUSHAN, K.M.JOSEPH
INDIAN OIL CORPORATION LIMITED – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
For the Appellant :Mr. Tushar Mehta, SG (mentioned by) Mr. Dhruv Agrawal, Sr. Advocate and Mr. Nishit Agrawal, Advocate
For the Respondent:Mr. V. Shekhar, Sr. Advocate, Mr. Rajeev Kumar Dubey, Advocate and Mr. Kamlendra Mishra, Advocate

JUDGMENT

Ashok Bhushan, J.

These appeals have been filed against the Division Bench judgment of Allahabad High Court dated 22.11.2018 dismissing the writ petitions filed by the appellant questioning the demand notices issued by the respondent demanding interest on Entry Tax from the appellant.

2. These appeals centres round the issue regarding liability to pay interest on the Entry Tax on the appellant under The U.P. Tax on Entry of Goods into Local Areas Act, 2007 (hereinafter referred to as "Act, 2007") The demanded Entry Tax having been paid by the appellant, the issue to be considered is with regard to liability to pay interest on the Entry Tax alone.

3. The Entry Tax Legislations in the State of U.P. as well as in other States of the country have a long history of litigation. The Entry Tax Legislations enacted by different States including the State of U.P. were challenged in the High Courts questioning the very legislative competence of State Legislature to enact Entry Tax Legislations, which according to writ petitioners violated freedom of trade, commerce and intercourse guaranteed under Article 301 and other Articles of Part XIII of the Constitution of India. Some of the High












































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top