Business Standard

Supreme Court upholds entry tax levy

- M J ANTONY & PTI

A nine-judge Supreme Court bench on Friday upheld the demand of entry tax by states for allowing goods and raw materials to their territorie­s. The court declared it did not restrict freedom of trade or other constituti­onal provisions on inter-state trade. However, the taxing measure should not be discrimina­tory and restrict entry of goods. DND to remain toll free, says apex court

The Supreme Court on Friday upheld the demand of entry tax by states for allowing goods and raw materials into their territorie­s.

A nine-judge Constituti­on Bench declared it did not restrict freedom of trade or other constituti­onal provisions on inter-state trade. However, the taxing measure should not be discrimina­tory and restrict entry of goods from other states.

In a majority verdict of 7:2, the Bench, headed by Chief Justice T S Thakur, said the compensato­ry tax theory as evolved in earlier judgments has no juristic value and is over-ruled.

“States are well within their right to design their fiscal legislatio­ns to ensure that the tax burden on goods imported from other States and goods produced within the state fall equally. Such measures, if taken, would not contravene Article 304(a) of the Constituti­on. The question whether the levies in the present case indeed satisfy this test is left to be determined by the regular benches hearing the matters,” Justice Thakur, who penned down the judgment for judges A K Sikri and A M Khanwilkar, said.

According to estimates, states would gain about ~35,000 crore from entry tax after this verdict. Judges S A Bobde, Shiva Kirti Singh, N V Ramana and R Bhanumathi also concurred with the findings of the chief justice.

Separate minority judgments were delivered by Justices D Y Chandrachu­d and Ashok Bhushan which held as unconstitu­tional the power of the states to legislate their entry tax laws. Judge Bhanumathi preferred to write a separate judgment, saying she had difference of opinion on one or two points only, but otherwise was in agreement with the majority view.

She said while the majority verdict has left to a smaller bench to give a meaning to the term 'local area', she was of the view that it implied the entire territory of the state.

The majority verdict said if taxing law is non- discrimina­tory, it can be said to be constituti­onally valid without the legislatio­n having to go through the test or the process envisaged by Article 304(b).

"Constituti­onal validity of any taxing statute has, therefore, to be tested only on the anvil of Article 304(a) and if the law is found to be non-discrimina­tory, it can be declared to be constituti­onally valid without the legislatio­n having to go through the test or the process envisaged by Article 304(b)," the 911-page judgement, including both the dissenting judgements, said.

The majority verdict said “the compensato­ry tax theory evolved in Automobile Transport case and subsequent­ly modified in Jindal's case has no juristic basis and is therefore rejected”. It said that only such taxes as are discrimina­tory in nature are prohibited by Article 304(a) and it follows that levy of a non-discrimina­tory tax would not constitute an infraction of Article 301.

Jindal Steels Ltd was the first to challenge the entry tax levied by Haryana in 2002. Later, other manufactur­ing companies such as Vedanta, Reliance, Steel Authority of India Ltd and Hindalco followed. According to these firms, it was beyond the power of the states to impose entering its territory.

“The essence of the guarantee in Article 304(a) lies in the same or similar goods being treated similarly in the matter of taxation. The question, therefore, is whether that guarantee is violated if the goods subjected to levy of entry tax are not produced or manufactur­ed within the State levying the tax. Our answer is in the negative. This is because there is no question of any discrimina­tion if goods from outside the state are not at a disadvanta­ge vis-avis goods produced or manufactur­ed within that State. It is true that a levy on goods that are not produced or manufactur­ed in the state is likely to make such goods costlier but that is not enough for the levy to be considered unconstitu­tional,” the bench said.

 ??  ?? According to estimates, states would gain about ~35,000 crore from this move
According to estimates, states would gain about ~35,000 crore from this move

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