VidhiSangh

Supreme Court of India · 07/01/2022

THE STATE OF MAHARASHTRA versus SHRI VILE PARLE KELVANI MANDAL & ORS.

[2022] 1 S.C.R. 160 · 2022 INSC 25

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Summary

The Court rejected charitable educational institutions’ claim to electricity-duty exemption under the Maharashtra Electricity Duty Act, 2016. The former Act expressly exempted eligible public-trust schools and colleges, but that category was deliberately absent from the replacement law. The local-body qualification in Section 3(2)(iii) also governed the educational institutions listed there. Courts could not restore the omitted exemption by implication, an asserted drafting error or the last-antecedent doctrine. The High Court’s exemption ruling was set aside.

Issues

  1. Whether charitable educational institutions retained the former electricity-duty exemption under the 2016 Act.
  2. Whether construction principles or repeal savings justified extending the local-body exemption to those institutions.

Provisions considered

Held

Result

State appeal allowed; High Court judgment set aside; respondent charitable educational institutions held not exempt from electricity duty under the 2016 Act; no costs.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 160.