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SC: Nature of levy cannot be determined with nomenclature ascribed to Tax
Case Law Details
- Case Name
- Jalkal Vibhag Nagar Nigam &
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- Civil Appeal No 6107 of 2021
- Courts
- Supreme Court of India
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Jalkal Vibhag Nagar Nigam & Ors. Vs Pradeshiya Industrial and Investment Corporation & Anr. (Supreme Court of India)
Conclusion: The nomenclature that the legislature had ascribed to the tax did not determine either the nature of the levy or its true and essential character. The tax had been labelled as the water tax or a sewerage tax simply because it was imposed by the Jal Sansthan constituted under the UP Water Supply and Sewerage Act. That did not alter the nature of the levy which in substance was a tax on lands and buildings within the meaning of Entry 49 of List...





