9911796707
TMI Blog1999 (7) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... ration is exempt from taxation under Article 285 of the Constitution and that valuation and assessment of the properties has been completed without taking into account the provisions of Section 3 of the Punjab Municipal Act under which house tax is to be arrived at on the basis of the annual value on which the properties can be let. High Court has held that assessment of the property tax was based on agreed fair rent as stated by the Municipal Committee. There is no challenge to this averment by the Corporation. It is, therefore, difficult for us to hold that the agreed rent is not the fair rent and that there has been any violation of the provisions regarding fixation of annual value. This contention of the Corporation must fail. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut an extended arm of the Central Government and it is thus exempt from taxation under Article 285 of the Constitution. Article 285 of the Constitution is set out as under : 285. Exemption of property of the Union from State taxation.-(1) The property of the Union shall, save in so far as Parliament may by law otherwise provides, be exempt from all taxes imposed by a State or by any authority within a State. (2) Nothing in clause (1) shall, until Parliament by law otherwise provided, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d a society registered under the Societies Registration Act 1860, and a registered society within the meaning of the Co-operative Societies Act, 1912 or any other law relating to co- operative societies for the time being in force in any State. The expression 'corporation' had not been defined earlier which now finds place in clause (cc) of Section 3 of the Land Acquisition Act. Clause (e) which defined the expression 'company' has also thus been amended. However, we are concerned with the old definition of 'company'. In this case land was acquired for the Corporation and the question was if the Corporation was a company within the meaning of Section 3(e) (old) of the Land Acquisition Act. This Court after referr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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