UMA NATH SINGH, JAGDISH SINGH KHEHAR
Food Corporation Of India – Appellant
Versus
State Of Punjab – Respondent
Uma Nath Singh, J.
1. This judgment shall also dispose of the connected batch of 112 writ petitions as mentioned in Annexure-A hereto since they raise, amongst others, important common questions of law, based on some what identical facts, relating to challenge to the validity of (i) The Punjab Infrastructure Development Ordinance 1998 (Punjab Ordinance No. 7 of 1998)/The Punjab Infrastructure Development Act 1998 (Punjab Act No. 1 of 1999) and The Punjab infrastructure Development Cess (Collection) Rules, 1998 framed thereunder; (ii) The Punjab Infrastructure (Development & Regulation) Act, 2002 (inclusive of Schedule 1, II and III); (iii) Levy of cess under 1998 Ordinance/Act and Rules @ 1%, and fee @ 3% (though chargeable upto 6%) under the 2002 Act, on ad valorem basis on sale and purchase of all agricultural produces except fruits, vegetables and pulses; (iv) use of machinery as provided under the Punjab General Sales Tax Act for collection of cess/fee, and (v) the clarificatory notification No. 7/8/98-5FBI/-4865 dated 8.4.1999 issued by the Government of Punjab (Department of Finance). Broadly, the common grounds of challenge are -
(i) that the levy of cess und
Subhash Chander Kamlesh Kumar V/s. State Of Punjab
G.K. Krishanan V/s. State Of T.N.
Hingir-rampur Coal Co. Ltd. V/s. State Of Orissa
Jindal Stripe Ltd. V/s. State Of Haryana
Khyerbari-tea Co. Limited V/s. State Of Assam
M:s Jain Brothers V/s. Union Of India
Ram Chandra Kailash Kumar And Co. V/s. State Of U.P.
Sreenivasa General Traders V/s. State Of Andhra Pradesh
Union Of India V/s. Azadi Bachao Andolan
Vijayaiashmi Rice Mill V/s. Commercial Tax Officers, Palakol
Sonachandi Oal Committee V/s. State Of Maharashtra
Sri Krishna Das V/s. Town Area Committee, Chirgaon
State Of Bihar V/s. Shree Baidyanath Ayurved Bhawan
State Of West Bengal V/s. Kesho Ram Industry Limited
Avinder Singh V/s. State Of Punjab
Corporation Of Calcutta V/s. Liberty Cinema.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.