Supreme Court · 2005 INSC 264 · Decided 6 May 2005

State of Kerala and ORS. v. Maharashtra Distilleries LTD. and Ors

Court
Supreme Court of India
Citation
2005 INSC 264 · [2005] SUPP. 1 S.C.R. 91
Case number
CIVIL APPEAL No. 2249/2000
Decided
6 May 2005
Bench
N. SANTOSH HEGDE, S.N. VARIAVA, B.P. SINGH, H.K. SEMA, S.B. SINHA (5-judge bench)
Outcome
Disposed off
Case type
Civil

Headnote

Excise Laws: Kera/a Abkari Act-Section 17(a) to (g)-Kerala General Sales Tax Act, 1963-Sections 2(xxvii), 5(2C)-Foreign Liquor Rules, 1953-Rule 13(9)­ Kerala Abkari Shops (Disposal in Auction) Rules, 1974-Foreign Liquor (Storage in Bond) Rules, 1961-Kerala Distillery and Warehouse Rules, 1968: in wholesale trade of lMFL D in favour of Government Company KSBC-Jn view of monopoly, distillers required to sell entire manufacture of lMFL to KSBC only-KSBC not required to pay excise duty to manufacturers of lMFL but pay it later when lMPD moved out of its warehouse~Sales Tax Authorities

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