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TAXATION LAW

INTERNAL ASSIGNMENT – II

Case Analysis: R.S. Joshi, STO, Gujarat & Ors. Vs. Ajit Mills Ltd & Anr.

Citation: AIR1977SC2279

Prof-in-charge: Prof Ashutosh Naik

By-

Swathi. A.P

III BBA LLB ‘A’

Roll No. 23

Symbiosis Law School

Ph: 7798627663

Name of the case:

R.S. Joshi, STO, Gujarat & Ors. Vs. Ajit Mills Ltd & Anr.

Citation:

AIR 1977 SC 2279: (1977) 4 SCC 98: 1977 SCC (Tax) 536

Decided On:
31.08.1977
Bench:
7 Judge Bench consisting of the following Justices of the Supreme Court of India:
Chief Justice M. Hameedullah Beg., Justice N. L. Untwalia, Justice P. N. Bhagwati, Justice P. S. Kailasam, Justice S. Murtaza Fazal Ali, Justice V. R. …show more content…

The likelihood of such abuse of the sales-tax law induced the legislature to protect the public from this burden by enacting a prohibition under Section 46 against such collection from customers. A mere prohibitory provision may remain a 'pious wish', unless, to make it effective, the statute puts teeth into it. Section 37(1) (a) and Section 63(1)(h) are the claws of Section 46 which go into action, departmentally or criminally, when there is violation. I. Whether the Legislature has the required competence
In the jurisprudence of power, colourable exercise of or fraud on legislative power or, more frightfully, fraud on the Constitution, are expressions which merely mean that the legislature is incompetent to enact a particular law, although the label of competency is stuck on it and then it is colourable legislation. The court observed that it is very important to notice that if the legislature is competent to pass the particular law, the motives which impel it to pass the law are really irrelevant. To put it more relevantly to the case on hand, if a legislation, apparently enacted under one Entry in the List, falls in plain truth and fact, within the content, not of that Entry but of one assigned to

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