https://www.taxtmi.com/caselaws?id=39952 A validating statute cures an invalid municipal tax levy only if the legislature had competence over the subject and retrospectively removes the defect that made the earlier levy unlawful. A mere declaration overriding a judicial decision is insufficient; the enactment must alter the legal basis of the impost so that the tax becomes authorised in the revised legal setting. Tax on lands and buildings falls within Entry 49 of List II, and levy on capital value is a permissible mode within that field. The Gujarat Validation Act retrospectively recharacterised the impost and validated the assessment, collection and recovery notwithstanding the earlier defect in the mode of levy. en-us Fri, 25 Apr 1969 00:00:00 +0530 Mon, 11 Aug 2014 08:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39952 A validating statute cures an invalid municipal tax levy only if the legislature had competence over the subject and retrospectively removes the defect that made the earlier levy unlawful. A mere declaration overriding a judicial decision is insufficient; the enactment must alter the legal basis of the impost so that the tax becomes authorised in the revised legal setting. Tax on lands and buildings falls within Entry 49 of List II, and levy on capital value is a permissible mode within that field. The Gujarat Validation Act retrospectively recharacterised the impost and validated the assessment, collection and recovery notwithstanding the earlier defect in the mode of levy. Case-Laws Income Tax Fri, 25 Apr 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39952