VidhiSangh

Supreme Court of India · 09/10/2017

STATE OF KERALA AND OTHERS versus FR. WILLIAM FERNANDEZ ETC. ETC.

[2017] 13 S.C.R. 663 · 2017 INSC 1014

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In challenges concerning entry tax on foreign goods brought into local areas, the Court upheld the States’ competence under the then applicable Entry 52 of List II. The relevant Orissa, Kerala and Bihar enactments covered such goods. Customs import and local-area entry were distinct taxable events; release for home consumption ended import immunity. Orissa appellants received limited liberty to revive discrimination challenges.

Issues

  1. Whether the State enactments covered foreign goods without expressly referring to imports.
  2. Whether entry tax encroached on Union customs and foreign-trade powers.
  3. Whether original-package immunity continued until goods reached the importer’s premises.
  4. Whether customs valuation, local-authority collection or knocked-down plant objections defeated the levy.
  5. What relief and opportunity to raise discrimination remained available.

Provisions considered

Held

Result

Orissa appeals and transferred case, Patna appeals and Parisons writ petition dismissed; Jharkhand State appeal and Kerala State appeals allowed, with the Kerala Division Bench reversed and Single Judge restored. Orissa petitioners could seek revival within thirty days for Article 304(a) claims. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2017] 13 S.C.R. 663.