Appeal No 580 of 1962
Appeal from the judgment and decree dated May 1 1961 of the Madras High Court in Writ Petition No 975 of 1959
RM Seshadri
and R Gopalakrishnan for the appellant
R Ganapathy lyer for respondent No 1
A Ranganadham Chetty and A V Rangam for respondent No 2
March 3 1964
The Judgment of the Court was delivered by AYYANGAR J
This appeal comes before us by virtue of a certificate of fitness granted by the High Court of Madras under article 1331c of the Constitution against its judgment dismissing a petition filed by the appellant under article 226 of the Constitution seeking a writ of prohibition against the Corporation of Madras challenging the constitutional validity
of a notice requiring the appellant to pay profession tax
The appellant held office as the last Governor General of India
Under section 3 of Central Act XXX of 1951 the appellant is entitled to a pension of Rs 15000 per annum and has been drawing this sum residing in the city of Madras
The Corporation of Madras the first respondent before us demanded profession tax from the appellant under section 1111b of the City Municipal Act 1919 hereinafter called the Act for the year 1958 1959 on the ground of the appellant s residence within the city for the period therein specified and his drawing the pension to which he was entitled
The appellant addressed a communication to the Corporation asserting that this demand was illegal as the Corporation was empowered by the relevant constitutional provisions merely to levy a tax on a profession 965 trade calling or employment and that as he as a pensioner did not fall under any of these classes the said demand was illegal
The authorities of the Corporation however insisted on compliance with the demand on the ground that under the express terms of the Act persons in receipt of pensions were also liable to the tax
The appellant thereupon filed a writ petition for the relief already set out and as the validity of the State Act was impugned impleaded the State of Madras also as a respondent
It would be seen from the foregoing that the question for consideration is whether the 1st respondent Corporation is entitled to levy a tax on pensioners in respect of the pensions received by them
In order to appreciate the submissions made to us by learned Counsel for the appellant it would be necessary to set out the history of the legislation in relation to profession tax and the impugned tax on persons in receipt of pensions applicable to the City of Madras because it is on a construction of these provisions that the learned Judges of the High Court have upheld the validity of the levy and dismissed the appellant s writ petition
For this purpose it is not necessary to travel to any period anterior to the enactment of the Madras City Municipal Act Madras Act IV of 1919 which with certain amendments to be referred to presently is still in force
The Act received the assent of the Governor on March 26 1919 of the Governor General in June 1919 and came into force on publication in the Gazette which was in the same month
Having been enacted while the powers of the Local Legislatures were governed by the Government of India Act 1915 the constitutional validity of the legislation is not open to any challenge
Section 1111 of this enactment ran Every person not liable for the companies  tax
who within the city and for the period prescribed in Sec 113 exercises a profession art trade or calling or holds an appointment public or private bringing him within one or more of the classes of persons specified in the taxation rules in Schedule IV shall pay by way of licence fee and in addition to any other licence fee 966 that may be leviable under this Act a tax as determined under the said rules but in no case exceeding rupees five hundred in the half year and such tax may be described as the profession tax
 The Section had two explanations of which the second is material and this reads Explanation 2 A person in receipt of a pension paid from any source shall be deemed to be a person holding an appointment within the meaning of this section  The next change in the relevant provision was effected by Madras City Municipal Amendment Act 1936 Madras Act X of 1936 which came into force on 14th April 1936
By this amendment a new section section
III was substituted for the old one just set out and under this Explanation 2 was deleted and the substituted provision ran  III1
If the Council by a resolution determines that a profession tax shall be levied every person not liable to the tax on companies who after the date specified in the notice published under sub sec
2 of Sec
98 A in any half year a exercises a profession  art or calling or transacts business or holds any appointment public or private i within the city for not less than sixty days in the aggregate or ii outside the city but who resides in the city for not less than sixty days in the aggregate or b resides in the city for not less than sixty days in the aggregate and is in receipt of any pension or income from investments shall pay in addition to any licence fee that may 967 be leviable under this Act a half yearly tax assessed in accordance with the rules in Schedule IV in no case exceeding rupees five hundred
 Along with this was added a new section section
98 A which ran  Sec 98 A1 Before the council passes any resolution imposing a tax or duty for the first time it shall direct the Commissioner to publish a notice in the Fort St George Gazette and in the local papers of its intention and fix a reasonable period not being less than one month from the date of publication of such notice in the Fort St George Gazette for submission of objections
The Council may after considering the objections if any received within the period specified determine by resolution to levy the tax or duty
Such resolution shall specify the rate at which the date from which and the period of levy if any for which such tax or duty shall be levied
When the Council shall have determined to levy any tax or duty for the first time or at a new rate the Commissioner shall forthwith publish a notice in the manner laid down in sub section 1 specifying the date from which the rate at which and the period of levy if any for which such tax or duty shall be levied
 At this stage it is necessary to refer to Schedule IV in accordance with which the tax has to be assessed under the terms of section 1111
In the Act as enacted in 1919 the relevant rule in Schedule IV divided persons assessed to profession tax etc
into 8 classes based upon the amount of monthly salary received in the case of those holding appointments and income derived in the case of those in trade art calling etc
Each of these classes was again sub divided into two the first sub class comprising Persons holding appointments upon a monthly salary and the other of 968 persons exercising any profession trade art calling or transacting business
It would be seen that having regard to Explanation 2 to section 111 as it stood in 1919 before its amendment by Act X of 1936 by reason of the provision which enacted that persons in receipt of pension were deemed to be persons holding appointments when the rule in Schedule IV referred to persons holding appointments it included by the statutory fiction pensioners who on the basis of the amount of pension which they derived were classified as persons holding appointments under the various classes
But when this Explanation to section Ill was deleted by the Amending Act X of 1936 and when the new section 1111b referred to the half yearly tax assessed in accordance with rules in Schedule IV it was urged that there could not have been an assessment of persons in receipt of pension unless they could be comprehended as within the category of persons holding appointments or of persons exercising any profession trade or art or callingas these were the only classes relevant to the present purpose who were within the scope of the rules under Schedule IV
We shall refer to the submission based on this feature as regards the terminology employed in Schedule IV in its proper place
The Corporation of Madras availed itself of the provisions of section 98 A and after the issue of the notices prescribed by it passed a resolution at a meeting held on March 31 1937 to levy inter alia profession tax for the year 1937 38 at the rates which were specified in the resolution
As regards profession tax the resolution read  Resolved that the profession tax in respect of clauses 1 2 3 4 5 and 6 be fixed at the maximum rate and 25 per cent over and above the minimum rates prescribed in Schedule IV of the Act in respect of clauses 7 8 and 9 This resolution further specified that the tax at the rates therein set out which were higher than what prevailed before were to have effect from April 1 1937
Notwith standing the apparent inapplicability of the rules in Schedule IV to the levy of profession tax on pensioners the Corporation continued to assess pensioners to the said tax and 969 collected the same
The lacuna in the enactment was Apparently noticed in 1942 when by a notification in the Official gazette the Schedule was amended in exercise of the powers conferred on Government by section 3473 of the Act
Under the amendment instead of the words Persons holding any appointment or persons exercising profession trade or calling etc the classes Were divided on the basis of the half yearly income received by the individual specified in section 1111
This amendment to the Schedule was directed to come into force from April 1 1942
The relevant terms of Schedule IV have continued up to date in the same from as amended in 1942 only the rate of tax has been progressively increased first in 1950 then in 1958 and again in 1961 but in the view we take of the principal contention raised by the appellant it is not necessary to set out or deal with these increases
Pausing here the ground upon which the demand for profession tax made by the Corporation was impugned may be briefly stated
The power of the Corporation to levy the tax is dependent on the subject of the tax being within State legislative power under the Constitution
The relevant entry in the Legislative Lists conferring taxing power on the State under which alone if possible the present levy could be supported was item 60 in the State List in Schedule VII of the Constitution reading Taxes on profession trades callings and  employments
 Being a pensioner cannot be a profession trade business or calling nor could a tax on a person because he is in receipt of a pension be said to be a tax on employments
The tax therefore under the last portion of section 1111b reading Profession tax on persons in receipt of any pension or income from investments is nothing but a tax on income falling within Entry 82 of the Union list
If therefore the Corporation could not justify the tax as being within the State legislative power the only manner in which it could be done would be by reference to article 277 of the Constitution by which taxes duties etc  which were being lawfully levied prior to the commencement of the 970 Constitution were permitted to be levied notwithstanding that the tax was in the Union List and to be applied to the same purposes as before
Unless therefore the Corporation could make out that the tax now impugned was being lawfully levied from before the Constitution the levy would be illegal and besides there was the complication introduced by the enhancement of the rates of tax which as stated earlier were effected in April 1950 April 1958 and in 1961
Leaving aside for the moment the question of the effect of the enhancement of the rate we have to see whether it has been established that the duty was lawfully levied by the Corporation prior to the Constitution
The answer to the question whether it was lawfully levied prior to 26th January 1950 when the Constitution came into force would depend upon the effect of certain provisions of the Government of India Act 1935
Under that enactment as under the Constitution the State legislative power as regards taxes of the nature now in controversy was couched in terms identical with that employed in entry 60 of the State List in the Constitution
Entry 46 in the Provincial Legislative List under the Government of India Act 1935 ran Taxes on profession trades callings and employments  and taxes on income fell within the exclusive Federal Legislative power under Entry 54 of List I
By the Indo Burma Miscellaneous Provisions Act 1940 the Parliament of the UK enacted section 142 A to whose terms we shall advert later and by the same enactment entry 46 was amended and the words  Subject however to the provisions of section 142 A were added at the end of entry 46
Here again it would be seen that if the right of the Corporation to levy profession tax on the pension received by a pensioner had to rest on the legislative entries it would fail because it was outside the legislative power of the Province under the Lists read with section 100 of that Act corresponding to article 246 of the Constitution
The validity of the levy during the period when the Government of India Act was in force ie between 1st April 1937 and 25th January 1950 was dependent on 971 its falling within the saving contained in section 143 2 of the Government of India Act which ran  Any taxes duties cesses or fees which immediately before the commencement of Part III of this Act were being lawfully levied by any Provincial Government municipality or other local authority or body for the purposes of the Province municipality district or other local area under a law in force on the first day of January nineteen hundred and thirty five may notwithstanding that those taxes duties cesses or fees are mentioned in the Federal Legislative List continue to be levied and to be applied to the same purposes until provision to the contrary is made by the Federal Legislature No doubt the Amending Act was not in force on 1st January 1935 having been passed in April 1936 but this would not take it out of section 143 2 because para3 of the Indo Burma Transitory Provisions Order 1937 being an Order in Council by His Majesty in Council authorised by section 310 of the Government of India Act provided  Para 31 For a period of two years from the commencement of Part III of the Indian Act the provisions of subsection 2 of section one hundred and forty three of that Act which authorises the continuance until provision to the contrary is made by the Federal Legislature of certain provincial taxes falling within the Federal List shall have effect as if the reference to the first of January nineteen hundred and thirty five were a reference to the commencement of the said Part Ill It would follow therefore that for the present demand to be sustained as valid it would be sufficient if it was shown that the tax was lawfully levied immediately prior to the commencement of Part III of the Government of India Act 1935 ie on 31st March 1937
The learned Judges of the High Court held that this condition was satisfied and on this basis they have dismissed the appellant s petition
972 Learned Counsel for the appellant submitted four points in support of the appeal  1 That the amending Act X of 1936 Was not validly passed by reason of its contravening the Devolution Rules framed under section 45 A of the Government of India Act 1919 by which Local Governments were given legislative power inter alia to levy taxes on professions trades etc
but that the present tax which is really a tax on income was a Central subject outside the competence of the Local Legislature 2 Even assuming that Act X of 1936 was valid the tax which was permitted to be levied under it was having regard to the terms of section 111  1  a new tax which was levied for the first time by the resolution of the Corporation only on and from April 1 1937 and therefore the present tax was not in operation prior to the commencement of Part III of the Government of India Act 1935 and not therefore saved by section 1432 of that Act 3 Besides between 1st April 1937 to 1st April 1942 it was not lawfully levied by reason of the lacuna created by the words of the rules in Schedule IV being inapplicable to the levy of a tax on pensioners 4 The increase
in the rates from 1937 onwards could not be justified even under section 143 2 or article 277 and by reason of these changes in rates the tax became virtually a new tax and could not continue to be lawfully levied to any extent after the increases
The first point need not detain us long
Prima facie it would seem that there being no rigid distribution of legis lative power between the Central and Local Governments under the Government of India Act 1919 any infraction of the rules made under the Devolution Rules framed under section 45 A would be validated by section 80 A3 and section 842 of the Government of India Act 1919
The learned Judges of the High Court before whom this contention was urged rejected it and the learned counsel submitted that the decision on this point was not correct
But in the view that we took of the other submissions made to us we did not hear learned counsel fully on this point and therefore do not propose to express any final opinion on the tenability of the argument on this head
973 As preliminary to the consideration of the second point it would be necessary to advert to one feature of the change effected by the Amending Act of 1936 to the tax levy
Under section 111 as it originally stood the liability to pay the tax ie the charge for the tax was imposed by virtue of the statute itself on persons who for the period prescribed exercised a profession or trade or calling or held an appointment persons in receipt of pensions being deemed to be persons holding appointments
This structure as regards the imposition of liability was altered by the Amending Act
Under the provision as recast before a liability to pay the tax could arise the Council had to determine by a resolution that profession tax shall be levied and it was only that resolution which brought the charge into operation
Thus the resolution of the Council was substi tuted for the statute itself as the mode by which the charge was to be imposed
There was also a second change that was introduced by rendering residence for six months within the city besides the receipt of pension in the city a necessary ingredient of the chargeability of the profession tax on pensioners
The effect of these two changes now calls for consideration
On the amendment of section Ill by the Act of 1935 coming into force in April 1936 the statutory imposition of the charge to tax laid on persons in receipt of pensions within the city of Madras ceased and the liability to tax as regards the period after that date was dependent on the passing of a resolution by the Council in terms of the amended section III 1  of the Act
In this con nection it has to be pointed out that though recourse to the procedure as respects previous publication etc
prescribed by section 98 A was necessary only in the case of taxes newly levied and might have been adopted in the present case because of the enhancement of the rates still a resolution of the Council was necessary to impose the tax as without it no liability to profession tax would arise
The charge to tax was imposed as stated earlier by the resolution of the Council which was to have effect from April 1 1937
In other words by reason of the repeal of the original section III the statutory charge to tax on pensions ceased in April 1936
A charge was imposed again under the resolution of the Council effective from 1st April 1937 so that 974 between April 1936 to 31st March 1937 no charge was imposed by virtue of any law
Learned Counsel for the Appellant submits that this is in effect a new levy a levy of a tax which was not legally in existence on 31st March 1937 and if this levy could not be supported as being sanctioned by section 1432 of the Government of India Act 1935 it is common ground that the lawfulness of the levy cannot be sustained
We consider this submission well founded
If the statutory charge to profession tax imposed on pensioners by the Act of 1919 was lifted by the Act of 1936 and the tax again came into operation only on 1st April 1937 it would follow that there was no levy of the tax immediately before the commencement of Part III of the Government of India Act 1935 so as to bring it within the saving in section 1432 of that Act
Besides the two circumstances
viz  that residence within the city for a specified period was made a condition of the liability to the tax as well as the increase in the rates would both serve to emphasise that the levy was a new one with a different texture and not a continuance of the tax which was levied just prior to the 1st April 1937
Learned Counsel for the respondents the Corporation of Madras and the State have urged that it was in substance the old levy
We are unable to agree
The mere fact that prior to 1st April 1937 the Corporation had under Act X of 1936 the power to bring the tax into force by a resolution does not on a proper construction of section 1432 bring it within the range of those taxes or duties which were being lawfully levied prior to the commencement of Part III of the Government of India Act which alone are permitted to be continued to be levied notwithstanding that these duties were in the Federal Legislative List
This question has been considered by us in great detail in The Town Municipal Committee Amravati vs Ram Chandra Vasudeo Chimote and Another etc1 in which judgment has been pronounced today and it is unnecessary to re examine the same
The mere existence of a power to bring a tax into operation cannot as pointed out be equated with a tax 1  975 which was being lawfully levied before Part III of the Government of India Act 1935
The 3rd submission of learned Counsel for the appellant is also well founded
The conclusion we have reached as to the effect of the amendment to section 111 by Act X of 1936 and of the tax being imposed by resolution of the Council from 1st April 1937 not being a tax which was being lawfully levied immediately prior to 1st April 1942 is reinforced by reference to the rules in Schedule IV which remained unamended till 1942
Under section 1111 as amended the tax could be levied only in accordance with the rules in Schedule IV and as those rules did not make a provision for the levy of a tax on pensioners it would follow that the tax was not being lawfully levied on them
As already pointed out the relevant rules in that Schedule were framed at a time when Explanation 2 formed part of section III and pensioners were deemed to hold appointments
With the deletion of the Explanation the fiction created by the original Madras Act IV of 1919 ceased and thereafter if the rules in Schedule IV had to be applied to them these had to be suitably modified
This as we have pointed out earlier was done only from April 1 1942 so that in reality taxes on pensioners were lawfully levied upto 1936 and then after a break from April 1 1942 we use the word lawfully on the assumption that this could  have been legally done under the Government of India Act 1935 a point already discussed
The learned Judges of the High Court have rejected the argument addressed to them under this head by reference to section 18 of the Madras General Clause Act corresponding to section 24 of the General Clauses Act Central Act X of 1897
With great respect to the learned Judges we do not see how this provision affords any assistance in the matter
The Schedule and the rules continued without repeal or amendment when the new section III 1 was substituted in 1936 and when this section made a reference to the rules in Schedule IV it could only be a reference to the rules in the Schedule IV which stood  unaltered
If the phraseology employed in the Schedule was inappropriate to a class which fell within section 1111 the only effect would be that the tax could not be levied because 976 of the defect in the law imposing the tax but such a situation is not remedied by reference to the provision in the General Clauses Act on which the learned Judges have relied
If therefore the tax was one not lawfully levied just prior to April 1 1937 and was one brought in after the Government of India Act 1935 came into force and really only from April 1 1942 assuming this to be lawful it is obvious that the validity of this tax could not be sustained as a continuation of a lawful pre existing levy under section 143 2
In this view it is not necessary to consider the last of the points urged by learned Counsel and examine whether in case of an increase of rate the entire tax would become a new tax and so unconstitutional or whether it is only the increase in the rate that would become unenforceable
Learned Counsel for the respondent Corporation submitted that the tax could not be deemed to be a tax on income as was suggested by the appellant but was really a tax on employment because it was in consideration of past services during employment that pension was payable
This argument was admittedly not urged before the learned Judges of the High Court and is obviously untenable
The taxes specified in item 60 are taxes on the carrying on of a profession trade etc
and would therefore apply only to a case of present employment
The mere fact that a person has previously been in a profession or carried on a trade etc
cannot justify a tax under this Entry
The tax on the receipt of pension or on the income from investments which is referred to in the last part of section 1 1 1  1  is in truth and substance a tax on income and in fact the argument before the High Court proceeded on this basis so have the learned Judges
At the time the tax is levied the pensioner is in no employment but is only in receipt of income though it might be for past services in an employment
He next submitted that Act X of 1936 which had been enacted prior to the Government of India Act 1935 was continued as an existing law by section 292 of the Government of India Act and as there was nothing in the Government of India Act against its continuance it would have effect 977 even if the terms of section 143 2 were not satisfied by the present levy
The learned Judges of the High Court accepted this submission
In our opinion they were in order
The question of the correlation between article 372 corresponding to section 292 of the Government of India Act and article 277 corresponding to section 1432 of the Government of India Act was considered by this Court in South India Corporation P Ltd vs The Secretary Board of Revenue Trivandrum1 and this Court said It is settled law that a special provision should be given effect to the extent of its scope leaving the general provision to control cases where the special provision does not apply
The earlier discussion makes it abundantly clear that the Constitution gives a separate treatment to the subject of finances and article 277 saves the existing taxes etc
levied by States if the conditions mentioned therein are complied with
While article 372 saves all pre Constitution valid laws article 277 is confined only to taxes duties cesses or fees lawfully levied immediately before the Constitution
Therefore article 372 cannot be construed in such a way as to enlarge the scope of the saving of taxes duties cesses or fees
To state it differently article 372 must be read subject to article 277
 Learned Counsel next drew our attention to section 142 A1 of the Government of India Act 1935 and faintly suggested that it might afford him some assistance
This provision again was not adverted to before the learned Judges of the High Court and for a proper reason
section 142 A1 which corresponds to article 2761 of the Constitution enacted  Notwithstanding anything in section one hundred of this Act no Provincial law relating to taxes for the benefit of a Province or of a municipality district board local board or other local authority therein in respect of professions 1  134 159 SC 62 978 trades callings or employments shall be invalid on the ground that it relates to a tax on income
 This section would assist the respondent only if tax imposed were one on a profession trade calling or employment and in that event the section provides that such a tax shall not be deemed to be a tax on income but where the tax imposed is one not on a profession etc
at all it does not mean that the State might levy a tax on income and call it profession tax
This is sufficient to dispose of a similar argument as regards the scope of the amended Entry 46 in the Provincial Legislature List List II to which we have adverted earlier
The appeal accordingly succeeds and the appellant is held entitled to the relief prayed by him in the filed in the High Court viz a writ of Prohibition against the respondent Corporation from enforcing the demand
The appellant will be entitled to his costs from the respond ents here and in the High Court
Appeal allowed


Summary:
The appellant held office as the last Governor General of India
He has been drawing Rs 15000 per annum as pension while residing in the city of Madras
The Corporation of Madras demanded profession tax from him under section 111ib of the City Municipal Act 1919 for the year 1958 59 on the ground of his residence being within Madras city and his drawing the pension to which he was entitled
The appellant addressed a communication to the Corporation asserting that this demand was illegal as the Corporation was empowered by the relevant constitutional provisions merely to levy a tax on a profession trade calling or employment and that as he as a pensioner did not fall under any of these classes the said demand was illegal
The Corporation did not accept the contention of the appellant and therefore the appellant filed a writ petition under article 226 of the Constitution before the High Court
The High Court dismissed the writ petition of the appellant
The High Court granted a certificate under Art1331c  of the Constitution to the appellant to file on appeal to the Supreme Court
Hence the appeal
The question before the Supreme Court was whetherthe Corporation was entitled to levy a tax on pensioners in respect of thepensions received by them in Madras City
Held1 that the power of the Corporation to levy the tax is dependent on the subject of the tax being within the State Legislative power under the Constitution
The present levy comes within the purview of item 60 in the State list in Schedule VIII of the Constitution which reads as follows Taxes on profession trades callings and employments
 Being a pensioner cannot be a profession trade business or calling nor could a tax on a person because he is in receipt of a pension be said to be a tax on employments
The tax therefore under the last portion of sec
1111b reading profession tax on persons in receipt of any pension or income from investments is nothing but a tax on income falling within Entry 82 of the Union List
963 The taxes specified in item 60 are taxes on the carrying on of a profession trade etc and would therefore apply only to a case of present C  employment
The mere fact that a person has previously been in a profession or carried on trade etc
cannot justify a tax under this entry
The tax on the receipt of pension or on the income from investments which is referred to in the last part of sec
1111 is in truth and substance a taxon income
At the time the tax is levied the appellant pen sioner is inno employment but is only in receipt of income
ii The present levy of tax cannot be saved by article 277 of the Constitution because the tax was a new levy and not a continuance of a tax which had been levied just prior to April 1 1937
On the facts of this case it was held that if the statutory charge to profession tax imposed on pensioners by the Act of 1919 was lifted by the Act of 1936 and the tax again came into operation only on April 1 1937 it would follow that there was no levy of the tax  immediately before the commencement of Part III of the Government of India Act
so as to bring it within the saving in section 1432 of that Act
Besides the two circumstances viz that residence within the city for a specified period was made a condition of the liability to the tax as well as the increase in the rates would both serve to emphasise that the levy was a new one with a different texture and not a continuation of the tax which was leved just prior to April 1 1937
iiiThe mere fact that prior to 1st April 1937 the Corporation had under Act of 1936 the power to bring the tax into force by a resolution does not on a proper construction of section 1432 bring it within the range of those taxes or duties which were being lawfully levied prior to the commencement of Part III of the Government of India Act 1935 which alone are permitted to be continued to be levied notwithstanding that these duties were in the Federal Legislative List
The mere existence of a power to bring a tax into operation cannot be equated with a tax which was being lawfully levied before Part III of the Government of India Act 1935
The High Court erred in holding that section 292 of the Government of India Act applies to this case
The Town Municipal Committee Amravati vs Ramchandra Vasudeo Chimote   South India Corporation P Ltd V The Secretary Board of Revenue Trivandrum AIR  relied on
ivUnder section 1111 as amended the tax could be levied only in accordance with the rules in Schedule IV and as those rules did not make a provision for the levy of a tax on pensioners it would follow that the tax was not being lawfully levied on them
The High Court erred in holding that such defect would be removed by section 18 of the Madras General Clauses Act
vS 142 A1 of the Government of India Act 1935 would assist the respondent s case only if tax imposed were on a profession trade calling or employment
In the present case the tax is being imposed 664 on an income of a pensioner and so this provision has no application
It is not the intention of Parliament that State might levy a tax on income and call it profession tax