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of <h1>Board of Trustees of Visakhapatnam Port Trust not exempt from taxation under Article 285</h1> <h3>The Board of Trustees for the Visakhapatnam Port Trust Versus The State of Andhra Pradesh & Ors.</h3> The Court held that the Board of Trustees of Visakhapatnam Port Trust is not exempt from taxation under Article 285 of the Constitution, as it is distinct ... - Issues Involved:The issue involves the exemption of the Board of Trustees of Visakhapatnam Port Trust from property tax by the Visakhapatnam Municipal Corporation and non-agricultural land tax by the Visakhapatnam Mandal under relevant Acts.Summary:The Board of Visakhapatnam Port Trust, constituted under the Major Port Trust Act, 1963, is a body corporate with the power to acquire, hold, or dispose of property. The properties vested in the Board are not owned by the Central Government but by the Board itself for administration purposes. The argument that the Board is not the absolute owner of the properties was dismissed based on previous legal precedents, including a case involving the International Airport Authority of India. The Court held that the Board, being distinct from the Central Government and having attributes of a company, cannot claim exemption from taxation under Article 285 of the Constitution.In a Constitution Bench decision, it was established that a Government company, such as the Electronics Corporation of India Ltd., is distinct from the Central Government and not exempt from taxation under Article 285. Following this precedent, the Court concluded that the Board of Trustees of Visakhapatnam Port Trust is not exempt from taxation under Article 285 of the Constitution.Therefore, Civil Appeal No. 1810 of 1988 is allowed, while Civil Appeal Nos. 1997-98 of 1990 are dismissed with costs.
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