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2021 Supreme(SC) 116

ROHINTON FALI NARIMAN, B.R.GAVAI
GOVERNMENT OF KERALA – Appellant
Versus
MOTHER SUPERIOR ADORATION CONVENT – Respondent


Advocates appeared:
For the parties :Mr. C. K. Sasi, M. P. Vinod, Liz Mathew, Jishnu M.L., Priyanka Prakash, Beena Prakash, G. Prakash, P.A. Noor Muhamed, Giffara S., Bilal Niamathulla, Ruxana P.N., Rameshwar Prasad Goyal, A. Venayagam Balan, Sajith. P, T. G. Narayanan Nair, P. A. Noor Muhamed, Giffara S., Bilal Niamathulla, Ruxana P.N., Jose Abraham, Pawanshree Agrawal, Advocates

JUDGMENT :

R.F. NARIMAN, J.

1. Leave granted.

2. All these appeals pertain to an exemption provision contained in the Kerala Building Tax Act, 1975. Under Section 3(1)(b) buildings that are used principally for religious, charitable or educational purposes or as factories or workshops are exempted from building tax under the Act. All of the appeals, except one, are by the State of Kerala against a judgment dated 22.11.2007 passed by a Division Bench of the Kerala High Court in Government of Kerala & Anr v. Mother Superior Adoration Convent (Civil Appeal No.202 of 2012) and a Full Bench judgment in State of Kerala & Ors v. Unity Hospital (P) Ltd. (Civil Appeal No. 207 of 2012), being a judgment dated 21.12.2010. Both judgments decided to exempt the buildings in question. The other appeals by the State contain judgments which follow either or both of these judgments. The only appeal by an assessee namely, Administrator, Jos Giri Hospital v. Government of Kerala (Civil Appeal No.204 of 2012), is from a judgment of the Division Bench of the Kerala High Court deciding the case in favour of the State. However, this judgment was referred to the Full Bench which decided the judgment in State


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