Karnataka High Court strikes down Health Security se National Security Cess Act, 2025
Nagaprasanna passed the order recently while partly allowing the petitions filed by M/s Dhariwal Industries Pvt. For a machine capable of producing 65 pouches per minute, the total cess liability under the Act for a month was ₹1.01 crore. The bench noted that this arbitrary threshold ignored genuine cases of shorter production halts due to breakdowns, lack of raw materials, or maintenance.“The prescription of a minimum period of fifteen days, proceeds solely on the presumption that assessees are likely to indulge in tax evasion.
- ▪Nagaprasanna passed the order recently while partly allowing the petitions filed by M/s Dhariwal Industries Pvt.
- ▪For a machine capable of producing 65 pouches per minute, the total cess liability under the Act for a month was ₹1.01 crore.
- ▪The bench noted that this arbitrary threshold ignored genuine cases of shorter production halts due to breakdowns, lack of raw materials, or maintenance.“The prescription of a minimum period of fifteen days, proceeds solely on the presumpti
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| Original publisher | The Hindu |
| Canonical URL | https://www.thehindu.com/news/national/karnataka/karnataka-high-court-strikes-down-health-security-se-national-security-cess-act-2025/article71273514.ece |
| Publication time | Mon, 27 Jul 2026 23:36:48 +0530 |
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The High Court of Karnataka has struck down the Health Security se National Security Cess Act, 2025, and the associated Rules, holding that the method of levying cess on pan masala manufacturers based on the assumed production capacity of machines, rather than actual output, is unconstitutional and violates Article 14 of the Constitution of India.While upholding the Parliament’s legislative competence to impose such a cess, the Court granted liberty to the Union government to enact fresh legislation to levy cess in conformity with the constitutional principles outlined in the judgement.Justice M. Nagaprasanna passed the order recently while partly allowing the petitions filed by M/s Dhariwal Industries Pvt.
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