1962 (2) TMI 2 - SUPREME COURT

Whether the power of exemption conferred upon the Union Government violates Articles 14 and 19(1)(f) & (g) of the Constitution on the ground that it is uncontrolled and unguided?

Whether, assuming that the power is not unconstitutional, the exemption granted by the nofications, aforesaid, is in excess of the power granted by Rule 8?

Held that:- There is no substance in either of the two contentions. Rule 8 is as much a part of the Statute as Section 37(2) clause (xvii). It is always open to the State to tax certain classes of goods and not to tax others. The legislature is the best judge to decide as to the incidence of taxation, as also to the amount of tax to be levied in respect of different classes of goods.

The respondent No. 5 has been exempted from payment of excise duty in respect of goods produced by the weavers. It has not been exempted from the payment of a personal tax, like income-tax. The exemption must, therefore, have reference to the same kind of tax which would otherwise have been leviable but for the exemption. From the notifications set out above, it is manifest that the Government has exempted cotton fabrics produced on powerlooms owned by a co-operative society, and in the present instance owned by the members of the Co-operative Society. It has not been contended before us that the conditions laid down for granting the exemption have not been fulfilled by the members of the Co-operative Society, the respondent No. 5. Hence, the exemption granted is within the terms of the notifications aforesaid, which have effect as if enacted as a part of the Statute. The vires of the Statute as already indicated, has not been questioned. Appeal dismissed.