Supreme Court of India
The Patna Municipal Corporation & Ors. v. M/s Tribro Ad Bureau & Ors.
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.
What the Court ordered
We hold that both royalty and dead rent do not fulfil the characteristics of tax or impost.
Judgment, page 23
From the headnote
Issue for Consideration The Division Bench of the High Court set aside the judgment of the Single Judge of the High Court and held that the appellant(s) herein could not raise any demand of tax/fee/royalty on advertisement(s) since it has been made without any legislative sanction and is, thus, violative of Article 265 of the Constitution of India. The core question confronting this Court, as it was before the Division Bench, is whether the demand is by way of a tax/levy or simply in the nature of royalty for permission for advertising through hoardings within the limits of the Corporation.
Authorities it was built on
- 2004 Union of India v. Naveen Jindal and Anr.
- 1995 State of M.P. v. Mahalaxmi Fabric Mills Ltd. and Ors.
- 2001 Commissioner of Income Tax, Mumbai v. Anjum M.H. Ghaswala and Ors.
- 2010 Md. Shahabuddin v. State of Bihar & Ors.
- 2003 Punit Rai v. Dinesh Chaudhary
- 2007 Alok Shanker Pandey v. Union of India and Ors.
- 2004 State of Kerala and Anr v. Chandramohanan
- 2024 Mineral Area Development Authority & Anr. v. M/s Steel Authority of India & Anr. Etc.
- 1970 Century Spinning & Manufacturing Company Ltd. and Anr. v. The Ulhasnagar Municipal Council and Anr.
- 2009 P.K. Palanisamy v. N. Arumugham & Anr.
- 2021 M/s. Indsil Hydro Power and Manganese Limited v. State of Kerala and Others
- 2021 The State of Haryana & Ors v. Raj Kumar @ Bittu
- 2007 Ram Sunder Ram v. Union of India & Ors.
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