K.RAVIRAJA PANDIAN, CHITRA VENKATARAMAN
Sriram Educational Trust – Appellant
Versus
The President – Respondent
Chitra Venkataraman, J.
The appellant/petitioners in these batch of writ appeal/writ petitions are educational institutions. They challenge the correctness of the demand for property tax under Section 172 of the Tamil Nadu Panchayats Act, 1994, on the ground that buildings used for educational purpose are exempt from liability under Rule 15(c) of the Tamil Nadu Village Panchayats (Assessment and Collection of Taxes) Rules, 1999.
.2. It is seen that on the issue of exemption, there are two decisions of this Court taking two different views. In the decision reported in (2006) 3 MLJ 1068 (KAMARAJ COLLEGE OF ENGINEERING AND TECHNOLOGY, MANAGING BOARD, REP. BY ITS SECRETARY, VIRUDHUNAGAR Vs. PRESIDENT, K.VELLAKULAM PANCHAYAT, MADURAI DISTRICT), Justice P.Jyothimani considered the question of exemption on the assessment of house tax on the educational institutions under Rule 15(c) of the Tamil Nadu Village Panchayats (Assessment and Collection of Taxes) Rules, 1999. The learned Judge held that buildings used for educational purposes including hostels recognised by the State and other educational authorities, and irrespective of the fact as to whether they are aided or unaided
333. Sr.Mariatta Vs. State Of Kerala 1981 KLT 80
334. M.Mathew Vs. Executive Officer 1984 KLT 310
335. Chackravarthy Hostel Vs. Municipal Commissioner 1995 (2) KLT 588
6. TELCO Vs. STO AIR 1979 SC 343
8. Tribhovandas Haribhai Tamboli Vs. Gujarat Revenue Tribunal And Others AIR 1991 SC 1538
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117. Tata Iron & Steel Co. Ltd. Vs. State of Jharkhand (2005) 4 SCC 272
224. Padma Sundara Rao v. State of Tamil Nadu [2002] 3 SCC 533 ; [2002] 255 ITR 147 (SC)
332. Sree Gokulam Educational And Medical Trust Vs. Tahsildar 2006 (4) KLT 1008
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229. Union Of India Vs. M/S. Wood Papers Ltd (1990) 4 SCC 256
4. Islamic Academy Of Education Vs. State Of Karnataka (2003) 6 SCC 697
7. Kehar Singh Vs. State Delhi Admn. AIR 1988 SC 1883
9. Babua Ram Vs. State Of U.P. (1995) 2 SCC 689
113. Karnani Properties Ltd Vs. Augustine AIR 1957 SC 309 at 312
116. A.P. Steel Re-Rolling Mill Ltd Vs. State Of Kerala (2007) 2 SCC 725 at 741
20.20. The Sole Trustee Loka Shikshan a rust Vs. The Commissioner Of Income Tax
223. Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama
225. D. R. Venkatachalam v. Deputy Transport Commissioner [1977] 2 SCC 273
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