Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-10-09 allowed

State of Kerala and Others vs Fr. William Fernandez Etc. Etc

Bench: 2 — Ashok Bhushan

In Brief

This landmark judgment addressed whether State legislatures can levy entry tax on goods imported from outside India into local areas. The Supreme Court held that entry tax legislation under Entry 52 of List II is constitutionally valid and does not encroach on Parliament's exclusive powers over import/export and customs duties. The import of goods terminates upon customs clearance, after which States may impose entry tax. The Original Package doctrine, evolved in US law to shield imported goods from taxation, is inapplicable in India. Entry tax laws validly apply to all goods—domestic or imported—entering local areas for consumption. The judgment dismissed appeals against Orissa and Patna High Courts, allowed the Jharkhand appeal, and allowed Kerala's appeals, setting aside judgments that exempted foreign-sourced goods.

The lawyer headnote and full judgment text are available to registered users.

Constitutional Law Tax Law Entry Tax Import/Export Legislative Competence Customs Law

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login