<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2020 (10) TMI 1219 - GUJARAT HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=400245</link>
    <description>Section 386(2) of the Gujarat Provincial Municipal Corporations Act was treated as a valid enabling provision, not unconstitutional excessive delegation, because it operates with corporate sanction, statutory controls, and supervisory oversight that provide adequate legislative guidance. The licence fee for advertisement hoardings on private property was characterised as a regulatory licence fee, not a tax in disguise, and it was held that strict quid pro quo is not required where the levy is tied to regulation and has statutory foundation. Deletion of Entry 55 of List II did not destroy the fee power, which was traced to the constitutional entry for fees, and Article 243ZF did not invalidate the levy. The revised fee challenge therefore failed, though quantum issues were left to the State Government.</description>
    <language>en-us</language>
    <pubDate>Tue, 20 Oct 2020 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 31 Oct 2020 14:06:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=626657" rel="self" type="application/rss+xml"/>
    <item>
      <title>2020 (10) TMI 1219 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=400245</link>
      <description>Section 386(2) of the Gujarat Provincial Municipal Corporations Act was treated as a valid enabling provision, not unconstitutional excessive delegation, because it operates with corporate sanction, statutory controls, and supervisory oversight that provide adequate legislative guidance. The licence fee for advertisement hoardings on private property was characterised as a regulatory licence fee, not a tax in disguise, and it was held that strict quid pro quo is not required where the levy is tied to regulation and has statutory foundation. Deletion of Entry 55 of List II did not destroy the fee power, which was traced to the constitutional entry for fees, and Article 243ZF did not invalidate the levy. The revised fee challenge therefore failed, though quantum issues were left to the State Government.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 20 Oct 2020 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=400245</guid>
    </item>
  </channel>
</rss>