VidhiSangh

Supreme Court of India · 20/09/2017

UNION OF INDIA & ORS. versus M/S. TATA TEA CO. LTD. & ANR.

[2017] 12 S.C.R. 655 · 2017 INSC 960

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Summary

Tea companies challenged the constitutional competence to levy dividend distribution tax under Section 115-O, arguing that 60 per cent of their composite tea income was agricultural. The Court upheld Parliament’s competence and rejected the Calcutta High Court’s restriction of the levy to 40 per cent of dividends. Declared dividends did not retain the agricultural character of the source profits.

Issues

  1. Whether Section 115-O, as inserted by the Finance Act, 1997, exceeded Parliament’s legislative competence in relation to tea companies.
  2. Whether Rule 8’s allocation of composite tea income restricted dividend distribution tax to 40 per cent of the dividend.

Provisions considered

Held

Result

Union’s Civil Appeal Nos. 9178 and 9180 of 2012 allowed; taxpayer’s Civil Appeal No. 9179 of 2012 dismissed. The 40 per cent limitation imposed by the Calcutta High Court rejected.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 655.