The Hindu·4 min read·hard

Cess levied as increment to sales tax remains within State’s scope, says Supreme Court

K
Krishnadas Rajagopal
Cess levied as increment to sales tax remains within State’s scope, says Supreme Court
✦AI Summary

The Supreme Court of India has ruled that state legislatures have the authority to levy a cess as an increment to sales tax. The judgment reaffirms a 1975 precedent, confirming that such levies are constitutionally valid under state legislative competence.

Why it matters

This ruling clarifies the fiscal powers of Indian states regarding tax collection and settles long-standing legal disputes dating back to 1994.

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NEW DELHI: The Supreme Court held on Wednesday (November 4, 2026) that an additional tax levied by a State legislature on the sale or purchase of goods will not fall outside the State’s competence. A seven-judge Bench confirmed a 1975 ruling (S. Kodar versus State of Kerala) that a cess levied as an increment to an existing sales tax has to be judged in the same way as the principal tax. Public Accounts Committee flags failure to transfer ₹9,222 crore in cess collections to designated reserve funds Public Accounts Committee flags failure to transfer ₹9,222 crore in cess collections to designated reserve funds Members question the Finance Ministry’s explanation; panel chief K.C. Venugopal says cess proceeds must not be used to finance fiscal deficit instead of their intended purpose Public Accounts Committee flags failure to transfer ₹9,222 crore in cess collections to designated reserve funds storyline 1 “S.

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