Federation Of Hotel & Restaurant Association Of India & Ors. vs The Union Of India & Ors.
In this landmark judgment, the Supreme Court upheld the constitutional validity of the Expenditure-tax Act, 1987, a pivotal case in Indian taxation law. The Court decisively ruled that the Act, imposing a 10% tax on expenditure in high-end hotels (room charges ≥ Rs. 400/day), is within the Union’s legislative competence under residuary powers, not a State-level luxury tax. It affirmed the classification as rational under Article 14, targeting ostentatious consumption without arbitrariness, and dismissed claims of unreasonable restrictions on business under Article 19(1)(g). This judgment reinforces the Union’s authority to enact innovative fiscal measures for economic regulation, setting a precedent for interpreting residuary powers and expenditure-based taxes in India’s federal structure.
