Supreme Court of India

Calcutta Municipal Corporation and Ors. v. M/s. Shrey Mercantile Pvt. Ltd. and Ors.

Neutral citation
Reported as [2005] 2 S.C.R. 584
Bench S.N. Varia Va, Dr. Ar. Lakshmanan and S.H. Kapadia JJ.
Decided 9 March 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

From the headnote

Calcutta Municipal Corporation Act, 1986 (as amended by Calcutta Municipal Corporation (Amendment) Act, 1988)-Section 183-Calcutta Corporation (Taxation) Regulations, 1989-Schedule-Mutation fee-,Demand of-Charging on ad valorem basis, at different rates depending on value of property and cause of transfer-Nature and validity of charging-Held: Levy is in the nature of 'tax' and not 'fee', its primary object being augmenting revenue and not being regulatory measure-The levy is irrational, arbitrary, discriminatory violative of Article 14 of the Constitution and beyond Section 183(5) of the

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