Reviewed case brief

Gwalior Rayon Silk Mfg Co. v. Asst. Commissioner of Sales Tax

AIR 1974 SC 1660

Established that taxation is a sensitive area where delegation must be particularly limited. Executive cannot determine tax rate without clear legislative guidance — Art.265 demands that tax be levied only "by authority of law."

administrative-lawdelegated-legislationtaxationart-265excessive-delegation
Court
Supreme Court of India
Year
1974
Subjects
Administrative Law
Reviewed
2026-06-30

Rule established

Taxation requires express legislative sanction (Art.265); executive cannot determine tax rate without legislative guidance in parent statute

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        Massey, Administrative Law

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.