VidhiSangh

Supreme Court of India · 15/07/2024

STATE OF PUNJAB & ORS. versus M/S PUNJAB SPINTEX LTD.

[2024] 7 S.C.R. 745 · 2024 INSC 526

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Summary

Exemption from market fee under Punjab’s Industrial Policy, 2003 did not also exempt a spinning unit from rural development fee. The levies arise under separate statutes with distinct objects, and overlap in their purposes does not extend an exemption beyond its terms. Earlier departmental communications did not sustain the claimed exemption. The State’s appeals were allowed and the company’s writ petition dismissed.

Issues

  1. Whether exemption from market fee under the 2003 Industrial Policy included rural development fee.
  2. Whether earlier departmental letters supported the claimed exemption despite their withdrawal and later clarification.

Provisions considered

Held

Result

Appeals allowed; High Court orders of 27 January and 24 September 2010 set aside. The company’s writ petition dismissed on merits.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 745.