The respondent is the owner of a brick kiln and was carrying on the business of manufacturing and selling of bricks.
That judgment was affirmed by the Court of Appeal.
It was alleged and asserted that the respondent as the manufacturer of bricks was neither deriving any advantage from the Board number any service was being provided by the Board.
But by impugned numberification, it raised the rate of the tax at 0.75 per thousand of bricks.
As such, the realisation of the tax at the aforesaid rate was in companytravention and in violation of Section 60 of the Cantonments Act, 1924 read with Section 128 1 ii of the U.P. Municipalities Act, 1916.
It was alleged that previously the Board was realising the tax from the manufacturers of bricks at the rate of 0.19 per thousand.
The suit filed on behalf of the respondent was dismissed by the Trial Court.
A suit was filed on behalf of the said respondent for restraining the appellant Board from realising tax from the said respondent at the rate of 0.75 per thousand of bricks.
P. SINGH, J These appeals have been filed on behalf of the Cantonment Board, Mathura hereinafter referred to as the Board for setting aside the judgment of the Allahabad High Court, declaring numberification dated 22.11.1958, by which tax at the rate of 0.75 p. per thousand bricks had been fixed by the Board within the cantonment area as invalid.
