VidhiSangh

Supreme Court of India · 12/05/2023

M/S. K.B. TEA PRODUCT PVT. LTD. & ANR. versus COMMERCIAL TAX OFFICER, SILIGURI & ORS.

[2023] 8 S.C.R. 828 · 2023 INSC 530

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

Summary

The Bench divided over withdrawal of tea-blending units’ sales-tax holiday after amendment of the statutory definition of manufacture. Both judges rejected a vested-right claim. Shah J. would dismiss the appeals because continuing eligibility ceased under the amended statute; Murari J. would allow them on legitimate expectation, finding no demonstrated public-interest justification for defeating the promised benefit. The matters were to be placed before the Chief Justice; neither proposed merits disposal prevailed.

Issues

  1. Whether the tax-holiday certificates created a vested right unaffected by the amendment excluding tea blending from manufacture.
  2. Whether legitimate expectation could protect the promised exemption despite the statutory change.
  3. Whether the State had to demonstrate an overriding public-interest justification for withdrawing the benefit.

Provisions considered

Held

Result

Split decision; matters to be placed before the Chief Justice of India. Shah J. would dismiss the appeals; Murari J. would allow them on legitimate expectation. No final majority merits disposal.

Judgment PDF: Supreme Court of India, [2023] 8 S.C.R. 828.