MUTHYALA SUNIL KUMAR vs UNION OF INDIA — W.P.(C) No. 864/2022

Case under Indirect Taxation : Entry Tax, Motor Vehicle Tax, Purchase Tax, Entertainment Tax, Terminal Tax, Octroi, Toll Tax, Professional Tax, Gold Control Act, Hotel Receipts Tax Act, Water and Sewage Tax, Luxury Tax, Cess Acts Section X. Status: DISPOSED.

CNR: SCIN010312262022

DISPOSED

Filing Date

28-09-2022 12:00 AM

Registration No

W.P.(C) No. 864/2022

Diary Number

31226/2022

Order Date

09-07-2024

Document Type

Judgement - of Main Case

Neutral Citation

2024 INSC 499

Disposal Type

Disposed Off

Acts & Sections

Indirect Taxation : Entry tax, motor vehicle tax, purchase tax, entertainment tax, terminal tax, octroi, toll tax, professional tax, Gold Control Act, Hotel Receipts Tax Act, Water and sewage Tax, luxury tax, Cess Acts Section X

Petitioner(s)

MUTHYALA SUNIL KUMAR

Adv. LAWYER S KNIT & CO

Respondent(s)

UNION OF INDIA

Adv. RAJIV KUMAR CHOUDHRY [R-4] GURMEET SINGH MAKKER[R-1] NISHE RAJEN SHONKER[R-5] SABARISH SUBRAMANIAN[R-2] SABARISH SUBRAMANIAN[R-3]

Hearing History

Judge: HON'BLE MR. JUSTICE VIKRAM NATH and HON'BLE MR. JUSTICE PRASANNA B. VARALE

09-07-2024

Fixed Date by Court

15-02-2024

Fixed Date by Court

14-02-2024

Fixed Date by Court

31-01-2024

Fixed Date by Court

10-01-2024

Fixed Date by Court

Orders in this case

View Full Judgment
casestatus.in Summary

Summary: The Supreme Court disposed of 117 petitions filed by transporters and tour operators challenging multiple State Governments' levy and collection of Border Tax/Authorization Fee on All-India Tourist Permit vehicles, without adjudicating the merits. The Court held that since the State enactments and rules under which the taxes were levied were not directly challenged, it could not declare the demands illegal, and directed petitioners to approach their respective High Courts under Article 226 to challenge the State provisions themselves. The interim restraint on further tax collection was lifted, though taxes already collected remain subject to the High Courts' final decisions. This case analysis is maintained by casestatus.in based on publicly available court records.

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