| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Punjab Municipal Corporation Act 1978 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Punjab Municipal Corporation Act, 1978 - ss.2(35), 97(2) and 157 - House tax assessment - Notice to appellant-company - Company informed that it was not the owner of the premises in question since it was only handling the project of State Transport Depart111ent on B. 0. T basis (Build, Operate and Transfer basis) - State Transport Authorities informed that the co111pany was liable to pay the tax - 'Funjab lnji·astructure Regulatory Authority held that State 1l·amport Authorities were liable to pay the tax - High Court, in appeal, held that the liability ll'as on the Company - On appeal, held: The rights and obligations between the Transport Authority and the Company are governed by 'Co11cessio11 agreements' between them and Lease Deeds - As per the Lease Deeds, the Company iras not liable to pay any fees, rent, tax or any other charge in respect of the premises except lease rental of Rs. 1 - Even if the company as a tenant is liable uls. 2(35) rlw s.97(2), yet in view of s. 157(1), the Government is e111powered to exempt such tax - Thus the company not liable to pay any house tax under the Act. |
| Judge | Hon'ble Mr. Justice R.K. Agrawal |
| Neutral Citation | 2016 INSC 1005 |
| Petitioner | M/s. Welspun Projects Ltd. (formerly Known As M/s. Msk Projects India Ltd.) |
| Respondent | Director, State Transport, Punjab And Anr. |
| SCR | [2016] 8 S.C.R. 410 |
| Judgement Date | 2016-11-08 |
| Case Number | 4944-4945 |
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