TMI Blog1973 (12) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... issued by the Executive Authority, Ballabgarh Panchayat Samiti claiming ₹ 200/- on account of profession tax for the year 1963-64. The notice was issued under section 76 of the Gram Panchayat Samitis and Zila Parishads Act, 1961 referred to as the 1961 Act. The appellants contended that the claim under section 76 of the 1961 Act was in violation of Article 276 of the Constitution because a similar professional tax on a graded scale subject to a maximum limit of ₹ 250/- per annum had been and was being collected by tile State of Haryana. The Full Bench of the High Court upheld the contention of the respondents that the recoveries can be made by each one of the authorities mentioned in Article 276 of the Constitution to a maximum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 6000/- and ₹ 8500/- was subjected to a tax of ₹ 120/per annum. The maximum sum of ₹ 250/- per annum was levied on income exceeding ₹ 2500/'-. The appellants were paying ₹ 250/- per annum to the State by way of professional tax. Under section 5 of the Punjab Temporary Taxation Act, 1962 the Schedule to the 1956 Act was altered. Income between ₹ 1800:/- to ₹ 3000/- was subjected to a tax of ₹ 28/- per annum. Income exceeding ₹ 11,500/was subjected to a tax of ₹ 250/- per annum. By Punjab Act 6 of 1967 the 1956 Act was repealed. There is now no professional tax so far as the reorganised State of Punjab is concerned. The provisions of the 1956 Act however continued to be applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by several municipal authorities at certain rates mentioned in the relevant statutes. A tax on income can be imposed if there is income. A tax on pro- fession can be imposed if a person carries on a profession. Such a tax on profession is irrespective of the question of income. Article 276(2) as well is the proviso has the combined effect which precludes a challenge on the ground that the tax on profession is a tax on income or that it exceeds ₹ 250/- per annum. The proviso saves existing taxes. The proviso states that notwithstanding that a profession tax exceeds ₹ 250/- per annum it can continue to be levied until provision to the contrary is made by Parliament by law. The provisions in Article 276(2) were contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the words to any one municipality cannot be read as the word and in a conjunctive sense. The words the total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other authority mean that tax of and up to the sum of ₹ 250/- can be imposed by any one of the authorities mentioned. If the Constitution wanted the total taxes to be imposed by the State and other authorities to be ₹ 250/- the Constitution would have said that the total amount payable in respect of any one person by way of tax on professions, trades, callings and other employments shall not exceed ₹ 250/- per annum whether imposed by the State, municipality, district board, local board or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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