Supreme Court · 1992 INSC 113 · Decided 21 April 1992

Lilasons Breweries (PVT.) LTD. v. State of Madhya Pradesh and ORS.

Court
Supreme Court of India
Citation
1992 INSC 113 · [1992] 2 S.C.R. 595
Case number
CIVIL APPEAL No. 1265/1981
Decided
21 April 1992
Bench
M.M. PUNCHHI, G.N. RAY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

(PVT.) LTD. v. STATE OF MADHYA PRADESH AND ORS. APRIL 21, 1992 [MADAN MOHAN PUNCHHI AND G.N. RAY, JJ.) Madhya Pradesh Excise Act, 1915: Sections 13,18,25,27,28 and 62(2)(h). A B Madhya Pradesh Brewery Rules, 1970: Rule 22-Nature of levy under C c;nd validity of-Brewerie~Appointment of Excise leviable the excess shall be realised from the brewer-Rule 22 held ultra vires and beyond the Rule making power of State-Levy under Rule 22 ht;ld as additional exCise duty not actually due and not authorised by Section 25. D Rule 22 of the Madhya Pradesh Brewery Rules, 1970 empowers the Excise

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