2001 (3) TMI 91 - SC - Indian Laws

Supreme Court upholds dharmada levy validity, rejects double taxation claims despite overlapping commodity classifications

Municipal Council, Kota Versus Delhi Cloth And General Mills Ltd.

Municipal Council, Kota Versus Delhi Cloth And General Mills Ltd. - [2001] 249 ITR 560, [2001] 123 STC 49 (SC), (2001) 3 SCC 654 Issues Involved:1. Nature and character of the levy of 'dharmada'.2. Legislative competence and authority to levy 'dharmada'.3. Validity and legality of the notification issued under section 104(2) of the Rajasthan Municipalities Act, 1959.4. Allegation of double taxation.5. Relief of refund of the tax collected as 'dharmada'.Detailed Analysis:1. Nature and Character of the Levy of 'Dharmada':The appeals involve the question of whether the levy of 'dharmada' by the Municipal Council, Kota, is a form of octroi or a separate tax. The respondents argued that 'dharmada' is not octroi but a separate tax on goods imported into the municipal limits. Historical records show that 'dharmada' was imposed by the Ruler of Kota in 1860 and continued under various notifications and acts, including the Rajasthan Municipalities Act, 1959. The notification dated May 13, 1968, authorized the Municipal Council to levy octroi under three sub-heads: octroi proper, dharmada, and nirkhi.2. Legislative Competence and Authority to Levy 'Dharmada':The respondents contended that section 104(2) of the Rajasthan Municipalities Act only authorized the levy of octroi and did not include 'dharmada'. They argued that there is no provision in the Constitution or any law authorizing the levy of 'dharmada'. The appellants countered that 'dharmada' is part of the octroi levy, authorized under section 104(2) of the Act, and is used for specific charitable purposes. They also relied on Article 277 of the Constitution and the Kota State Chungi Act, 1929, to justify the levy.3. Validity and Legality of the Notification Issued Under Section 104(2) of the Rajasthan Municipalities Act, 1959:The notification under challenge was issued under section 104(2) of the Act, which allows the State Government to authorize the Municipal Council to levy octroi. The notification specified rates for octroi, dharmada, and nirkhi. The respondents argued that the notification was illegal and unauthorized. The appellants argued that the levy of 'dharmada' was within their power and competency, and the collections were used for charitable purposes as mandated by the Act.4. Allegation of Double Taxation:The respondents claimed that the levy of 'dharmada' in addition to octroi amounted to double taxation, which is illegal. The appellants argued that multiple rates of levy on the same taxable event are permissible, and the levy of 'dharmada' was for specific charitable purposes. The court held that the mere stipulation of multiple rates does not constitute double taxation and that the levy of 'dharmada' was essentially octroi for specific purposes.5. Relief of Refund of the Tax Collected as 'Dharmada':The High Court had granted an injunction against the levy of 'dharmada' and ordered a refund of the tax collected. The appellants argued that the respondents had passed on the tax to consumers and should not be allowed to retain it. The court held that the levy of 'dharmada' was valid and set aside the High Court's judgment, dismissing the suits filed by the respondents and denying the refund.Conclusion:The Supreme Court held that the levy of 'dharmada' was essentially octroi, authorized under section 104(2) of the Rajasthan Municipalities Act, 1959. The court found no illegality in the notification and rejected the claim of double taxation. The appeals were accepted, and the judgments of the High Court were set aside, dismissing the suits filed by the respondents. The court did not order any refund of the tax collected as 'dharmada'.