# Raza Buland Sugar Co. Ltd v. Municipal Board, Rampur, [19651

- **Citation:** [1968] 1 S.C.R. 1
- **Court:** Supreme Court of India
- **Decided:** 1967-07-18
- **Bench:** J.C. Shah, S. M. Sikri, V. Ramaswami
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/raza-buland-sugar-co-ltd-v-municipal-board-rampur-19651-4101
- **Pages:** 5

## Headnote

U.P. District Boards Act (X of 1928)-ss. 115-118, 119-12()-Diatrict Board enhancing ma;rimum limit of circumstances and propert11
tax by resolution-State Govemment notifyinu amendment of rules
to incorporate new limits-Whether tax can be imposed without
further resolution under s. 119 and notification under s. 120.
In July 1925 it was nDtified under s. 120(2) of the U. P. District
C Boards Act, 1922 that the District Board of Moradabad in exercise
of powers conferred by s. 108(2) of the Act had imposed a tax with
effect from September 1, 1925, on the residents of the District according to their circumstances and property at the rate of 4 pice per
rupee on the total taxable income, subject to a maximum of Rs. 200.
In May 1927 the District Board passed a resolution increasing the
maximum from Rs. 200 to Rs. 500 and thereafter the State Government issued a notification in Janμary 1928, amending the rl!les for
D the assessment and collection of tax so as to increase the maximum
to Rs. 500. In August 1931, the Board passed another resolution increasing the maximum further to Rs. 2,000 and the State Gov~rnment
issued a notification in March 1932 further amending the rul~s so
as to incorporate .the new maximum. No further action was taken
by the District Board to enforce these amendments of the rules.
Upon a writ filed by the respondents under Act, 226 of the ConsE titution, the High Court directed the District Board, Moradabad,
not to levy upon the respondent a tax in excess of Rs. 200 per year
on the ground that no special resolution of the Board had been
passed n,or a notification issued by the State• under ss. 119 and 120
respectively of the Act imposing the tax with revised maximum
limits.
In appeal to the Supreme Court it was contended on behalf
of the appellant that when the procedure laid down. in ss. 115 to
F 118 had been followed whereby the amendments had been approved
by resolutions and notified, it was not necessary that there shou.Jd
be a further resolution and notification under s. 119 and s. 120 respectively.
G
Held: The tax with the revised maximum limits introduced in
1923 and ?932 could not be imposed without a resolution under s. 119
and a notification under s. 120. [5B]
The object of SS, 119 and 120 is to fix the date from which the
tax can be imposed. If no date is fixed, no tax can be imposed. Once
the Board passes a special resolution under s. 119. it has to go to the
Government under s. !20, and then the Government notifies the
imposition of tax from the appointed date. It is then that the noti.
ft cation becomes conclusiive proof Of the fact that the tax has been
imposed in accordance with the provisions of this Act. Suh~rlausc
B (3) of s. 120 clearly proceeds on the basis that the imposition of tax
takes place on a notification is!iued under s. 120 and not on the issue
of a notification under s. 118. [4G--5A]
Raza Buland Sugar Co. Ltd. v. Municipal Board, Rampur, [19651
1 S.C.R. 970; referred to.
L1P(N)ISCI
2
/JUPREME •COURT REPORTs
[1968] l s.c.11.
CIVIL APPELLATE JuRJSDICTION: Civil Appeal No. 596 of A
1966.
Appeal by specia.l leave from the judgment and order dated
January 27, 1964 of the Allahabad High Court in Special Appeal
No. 270 of 1958.
S. T. Desai and C. P. Lal, for the appellant.
C. B. Agarwa/a and J. P. Agarwal, for the respondent.

## Text

A
B
ZILA PARISHAD MORADABAD
11.
NUNDAN SUGAR MILLS, AMROHA
July 18, 1967
[J.C. SHAH, S. M. SIKRI AND V. RAMASWAMI, JJ.J
U.P. District Boards Act (X of 1928)-ss. 115-118, 119-12()-Diatrict Board enhancing ma;rimum limit of circumstances and propert11
tax by resolution-State Govemment notifyinu amendment of rules
to incorporate new limits-Whether tax can be imposed without
further resolution under s. 119 and notification under s. 120.
In July 1925 it was nDtified under s. 120(2) of the U. P. District
C Boards Act, 1922 that the District Board of Moradabad in exercise
of powers conferred by s. 108(2) of the Act had imposed a tax with
effect from September 1, 1925, on the residents of the District according to their circumstances and property at the rate of 4 pice per
rupee on the total taxable income, subject to a maximum of Rs. 200.
In May 1927 the District Board passed a resolution increasing the
maximum from Rs. 200 to Rs. 500 and thereafter the State Government issued a notification in Janμary 1928, amending the rl!les for
D the assessment and collection of tax so as to increase the maximum
to Rs. 500. In August 1931, the Board passed another resolution increasing the maximum further to Rs. 2,000 and the State Gov~rnment
issued a notification in March 1932 further amending the rul~s so
as to incorporate .the new maximum. No further action was taken
by the District Board to enforce these amendments of the rules.
Upon a writ filed by the respondents under Act, 226 of the ConsE titution, the High Court directed the District Board, Moradabad,
not to levy upon the respondent a tax in excess of Rs. 200 per year
on the ground that no special resolution of the Board had been
passed n,or a notification issued by the State• under ss. 119 and 120
respectively of the Act imposing the tax with revised maximum
limits.
In appeal to the Supreme Court it was contended on behalf
of the appellant that when the procedure laid down. in ss. 115 to
F 118 had been followed whereby the amendments had been approved
by resolutions and notified, it was not necessary that there shou.Jd
be a further resolution and notification under s. 119 and s. 120 respectively.
G
Held: The tax with the revised maximum limits introduced in
1923 and ?932 could not be imposed without a resolution under s. 119
and a notification under s. 120. [5B]
The object of SS, 119 and 120 is to fix the date from which the
tax can be imposed. If no date is fixed, no tax can be imposed. Once
the Board passes a special resolution under s. 119. it has to go to the
Government under s. !20, and then the Government notifies the
imposition of tax from the appointed date. It is then that the noti.
ft cation becomes conclusiive proof Of the fact that the tax has been
imposed in accordance with the provisions of this Act. Suh~rlausc
B (3) of s. 120 clearly proceeds on the basis that the imposition of tax
takes place on a notification is!iued under s. 120 and not on the issue
of a notification under s. 118. [4G--5A]
Raza Buland Sugar Co. Ltd. v. Municipal Board, Rampur, [19651
1 S.C.R. 970; referred to.
L1P(N)ISCI
2
/JUPREME •COURT REPORTs
[1968] l s.c.11.
CIVIL APPELLATE JuRJSDICTION: Civil Appeal No. 596 of A
1966.
Appeal by specia.l leave from the judgment and order dated
January 27, 1964 of the Allahabad High Court in Special Appeal
No. 270 of 1958.
S. T. Desai and C. P. Lal, for the appellant.
C. B. Agarwa/a and J. P. Agarwal, for the respondent.
The Judgment of the Court was delivered by
B
Sikri, .J.-This appeal by special leave is directed against the
judgment of the High Court of A.llahabad accepting a petition
under Art. 226 of the Constitution and directing the District
Board, Moradabad, not to levy upon Mis Nundan Sugar Mills, 0
Amroha, respondent before us, circumstances and property tax for
any one year exceeding the sum of Rs. 200. The High Court held
that no special resolution of the Board had been passed, nor had
a notification been made imposing the tax, under s. 119 ands. 120,
respectively, of the United Provinces District Boards Act, 1922
(U. P. Act of 1922)-hereinafter referred to as the Act.
The relevant facts out of which this appeal arises are these :
On July 28, 1925, it was notified under sub-s. (2) of s. 120 of the
Act that the District Board of Moradabad, in exercise of the
powers conferred by s. 108, sub-s. (2), of the Act has imposed the
following tax, with effect from September I, 1925:
"A tax on all persons ordinarily residing or ~arry
ing on business in the rural area of the Moradaba.d District according to their circumstances and property, at the
rate of four pies per rupee on the total taxable income;
provided that the total amount of tax imposed on any
person shall not exceed Rs. 200. Provided also that no
income once assessed shall be reassessed".
On May 28, 1927, the District Board took action upon a memorandum prepared by the Chairma.n of the District Board. The
memorandum of the Chairman pointed out:
" ...... the
ma.xi mum
amount of tax
recoverable
from an assessee should be raised from Rs. 200 I. to
Rs. 500 / • P.A. Hence proposal (c) framed under section
llS sanctioned by G. O. No ...... dated 28-7-25 so be
modified as to read as under:
'
"That there shall be a rate of tax 4 pies in the rupee ...
provided that the total amount of tax imposed on any
person shall not exceed Rs. 500 I· ...... "
The resolution of the Board was in these terms:
"The b~laws be modified accordingly after necessary
publication and sanction. The assessing officer to assess
·them at 2 pies (vie) in anticipation of final sanction".
D
E
F
G
R
•
A
B
0
ZILA PAl\IllllAD•tl. NUDAN ll1Lt8 (Silcn, J,)
s
On 1anuary 11, 1928, the Government of United Provinces
issued a notification amending the rules for the assessment and
collection of a tax on circumstances and property in the rural areas
of the Moradabd District. The foJlowing rule 16 was added:
"16. The total amount of tax imposed on any person
shall not in any year exceed the sum of Rs. 500 / ·."
On August 31, 1931, the Board passed another resolution
approving the following memora.ndum:
" ...... The words and figures 'Rs. 500' be substituted
by 'Rs: 2,000' in rule 16 of the rules for the assessment
and collection of a tax on circumstances and property in
the rural area of the Moradabad district published with
Government Notification No ......... dated 11·1·1928".
The exact terms of the resolution were:
"Resolved unanimously that the memo. oe approved
and necessary action be taken on it. If publication is
required, it be done and Government be moved to accord
sanction for the same''.
D On March 18, 19J2, the Government of United Provinces issued
a notification amending rule 16. The amendment was in the
following terms:
E
r
G
B
"In Rule 16 published with notification No. 33 I IX·
185(14-2~) d.;;;;<l !~!!•rv 19, 1928 'Rs. 2,000' shall be
substituted for 'Rs. 500"~
It appears that no further action was taken by the D!~tri"~
Board to enforce this amendment in rule 16 or the amendment
dated January II, 1928. Further action is contempla.ted by ss. 119
and 120, read with s. 121, of the Act. These sections may be re·
produced in full.
·
•
"119. Resolution of board directing imposition of taxUpon receipt of the copy of the rules sent under the
preceding section, the board shall by special resolution direct the imposition of the tax with effect from
a date (to be specified in the resolution) not less than
six weeks from the date of such resolution''.
"120. Imposition of tax-(1) A copy of the resolution
passed by the board under Section 119 shall be submitted to the State Government.
(2) Upon receipt of the copy of the resolution the
State Government shall notify in the official Gazette
the imposition of the tax from the appointed date,
and the imposition of. a tax shall in aJI cases be subject to the condition that it has been so notified.
(3) A notification of the imposition of a. tax under
sub-section (2) shall be conclusive proof that the tax
has been imposed in accordance with the provisions
of this Act".
SUPllJll(Jli COURT l\J:PORTS
[1968] 1 s.c.11.
"121. Procedure for altering
taxes-The procedure for
A
abolishing or suspending a tax, or for- altering a tax
in respect of the matters specified in clauses (b) and
(c) of sub-section (I) of Section 115 shall, so far as
may be, be the procedure prescribed by Sections 115
to 120 for the imposition of a tax".
Clauses (b) and (c) of sub-section(!) of s. ll5, referred to ins. 121, B
read:
"(b) the persons or class of persons to be made liable
and the description of the property or other taxable thing
or circumstances in respect of which they are to be
made liable, except where and in so far as any such class
or description is already sufficiently defined under clause
c
(a) or by this Act;
(c) the amount or ra.te leviable from each such person or
class of persons;"
It is common ground that the procedure laid down in ss. 115
to 118 has been followed by the Board. The only dispute between
the parties is whether it is necessary that a resolution should be D
passed under s. 119 and a notification issued under s. 120 before
effect can be given to a notification made under s. 118 alterio«
the rules. In other words, was it necessary to pass a resolution
under s. 119 after the issue of the notification dl!led March JR,
1932, or the notification dated January 11, !928, referred to
above? Both the learned Single fodge, and the Division Bench
whg !!~:!!"<! the appeal from the learned Single Judge, have come E
to the conclusion that without a resolution under s. 119 and a
notification under s. 120, no tax can be levied in pursuance of the
notifjcation dated March 18, 1932, or notification dated January
11. 1928.
It may be mentioned that the High Court directed the District
Board not to levy upon the petitioner circumstances and property P
tax for any year exceeding the sum of Rs. 200 /-. There is no dispute tha'l the Board could levy upon the petitioner tax up to the
sum of Rs. 200/-.
·
The learned counsel for the appellant contends that if the
procedure laid down in ss. 115 to 118 has been followed, it is not
necessary that there should be a resolution under s. 119 and a G
notification under s. 120. He says that rules can be made under
s. 172, read with s. 176, of the Act, a.nd once rules are made there
is nothing more to be done. But there is one fallacy underlying
the argun 1ent of the learned counsel, and that is that it misses the
object of ss. 119 and 120 which is to fix the date from which the
tax can be imposed. If no date is fixed, no tax can be imposed.
Once the Board passes a special resolution under s. 119. it has to H
go to the Government under s. 120, and then the Government
notifies the imposition of tax from the appointed date. It is then
that the notification becomes conclusive proof of the fact that the
ZIL4 PARISllAD V, NUNDAN :llILLS (Sikri, J,)
II
A tax has been imposed in accordance with the proiisions of this
Act. Sub-clause (3) of s. 120 clearly proceeds on the basis that
the imposition of tax takes place on a notification issued under
s. 120 and not on the issue of a notification under s. 118.
The learned counsel invite(! our attention to Raza Buland
Sugar Co. Ltd. v. Municipal Board, Rampur(') but we are unable
B to see how that case assists him. No question of ss. 119 and 120
being directory arises in this case because. in our view, without a
resolution under s. 119 and a notification under s. 120, no tax can
be imposed.
a
The learned counsel also urges that : -
(a) no writ petition is maintainable challenging
a preConstitution mauer, and
(b) the respondent not having appealed under s. 128 of the
Act, the petition was not maintainable.
In our view, there is no merit in these contentions. The respondent is being charged tax now. He is entitled not to be taxed
D except under the authority of law, vide Art. 265 of the Constitution. There is no question of challenging any pre-Constitution
matter. The respondent is challenging a post-Constitution action
on the ground that there is no authority of law for the action.
Regarding the second point, the High Court held that an
appeal to the District Magistrate under s. 128 was not likely to
E be of much ·assistance to the petitioner and rejected the contention. It is well-settled that a. provision like s. 128 does not oust the
jurisdiction of the High Court to entertain a petition under Art.
226 and it is for the High Court to exercise its discretion whether
to entertain the petition or not. The learned counsel has nof pointed out anything to us to show that the discretion has not been
properly exercised.
'
In the result the appeal fails and is dismissed with costs.
R.K.P.S.
Appeal dismissed
(l) (111911) I .S.C.l\. 970,