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TAXATION LAW INTERNAL ASSIGNMENT – II Case Analysis: R.S. Joshi, STO, Gujarat & Ors. Vs. Ajit Mills Ltd & Anr. Citation: AIR1977SC2279 Prof-in-charge: Prof Ashutosh Naik By- Swathi. A.P III BBA LLB ‘A’ Roll No. 23 Symbiosis Law School Ph: 7798627663 Name of the case: R.S. Joshi, STO, Gujarat & Ors. Vs. Ajit Mills Ltd & Anr. Citation: AIR 1977 SC 2279: (1977) 4 SCC 98: 1977 SCC (Tax) 536 Decided On: 31.08.1977 Bench: 7 Judge Bench consisting of the following Justices of the Supreme Court of India: Chief Justice M. Hameedullah Beg., Justice N. L. Untwalia, Justice P. N. Bhagwati, Justice P. S. Kailasam, Justice S. Murtaza Fazal Ali, Justice V. R. Krishna Iyer and Justice Y. V. Chandrachud. Brief facts …show more content…

A bench of the Supreme Court has in Bankura Municipality v. Lalji Raja and Sons[2] held that: The Criminal Procedure Code, Customs & Excise Laws and several other penal statutes in India have used diction which accepts forfeiture as a kind of penalty. Intention of legislature: The classical view that 'no mens rea, no crime' has long ago been eroded and several laws in India and abroad, especially regarding economic crimes and departmental penalties, have created severe punishments even where the offences have been defined to exclude mens rea. Therefore, the contention that Section 37 (1) fastens a heavy liability regardless of fault has no force in depriving the forfeiture of the character of penalty. II. Whether or not the Legislature has the ancillary or incidental power to make provision for the levy and collection of such tax. Though it may not be open to a State legislature to make provision for the recovery of an amount which is not a tax under Entry 54 of List II in a law made for that purpose, it would still be open to the legislature to provide for paying over all the amounts collected by way of tax by persons, even though they really are not exigible as tax, as part of the incidental and

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