VidhiSangh

Supreme Court of India · 30/04/2024

LIFE INSURANCE CORPORATION OF INDIA versus THE STATE OF RAJASTHAN AND ORS.

[2024] 5 S.C.R. 241 · 2024 INSC 358

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Summary

Rajasthan could levy and collect stamp duty on insurance policies executed within the State at rates fixed by Parliament. The 1952 adaptation law governed the policies, and required Rajasthan-issued stamps. However, the Court prohibited collection under the disputed demands because the treasury had represented that India Insurance stamps were unavailable and outside its supply responsibility, while the statutory cash-payment mechanism excluded these instruments. Appeals were dismissed with this express relief.

Issues

  1. Whether Rajasthan had legislative competence to levy insurance stamp duty at Parliamentary rates.
  2. Which enactment governed policies executed before the 1998 Act commenced.
  3. Whether Rajasthan stamps were ordinarily required and whether the disputed demands could nevertheless be collected.

Provisions considered

Held

Result

Appeals dismissed with express relief: State competence and ordinary Rajasthan-stamp requirement upheld, but collection under all five disputed demand orders prohibited; parties to bear own costs.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 241.