Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + SC VAT and Sales Tax - 2015 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (8) TMI 587 - SC - VAT and Sales TaxLevy of Administrative Fee at the rate of 50 paise per bulk litre - industrial alcohol obtained from a distillery. - Competency of State legislature - Held that:- Appellant contends that the abovementioned amendment cannot be given retrospective effect, and that the fees should be levied at the rate of 7 paise per litre, since this amount was found to be “reasonable and proper” in Vam Organics Chemicals Ltd [1997 (1) TMI 512 - SUPREME COURT OF INDIA] - No ground has been made out for the former contention - 7 paise was deemed to be reasonable on the facts of that case which does not in any way indicate that a larger amount would be excessive especially with the passage of time. We have discussed when administrative and service charges can be recovered along with the relevant case law in some detail in our judgment of even date in the Appeal titled as State of Tamil Nadu vs. Tvl. South Indian Sugar Mills [2015 (8) TMI 588 - SUPREME COURT], which should be adverted to in the interests of avoiding prolixity. We uphold the High Court’s finding that in light of Synthetics and Chemicals Limited [1989 (10) TMI 214 - SUPREME COURT OF INDIA] and Vam Organics Chemicals Ltd., the subject Regulatory Fees intended to prevent the conversion of alcoholic liquor for industrial use to that for human consumption is legal, and need not be strictly quid pro quo as long as it is not excessive - Decided against assessee.
|