Supreme Court of India

State of Kerala and Ors. v. Maharashtra Distilleries Ltd. and Ors

Neutral citation
Bench N. Santosh Hegde, S.N. Variava, B.P. Singh, H.K. Sema and S.B. Sinha JJ.
Decided 6 May 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that ifthe privilege price is a part of the consideration payable by the Corporation to the manufacturers for supply of IMFL to the G Corporation it will certainly be a component of the sale price of the liquor sold by the manufacturers to the Beverages Corporation.

Judgment, page 50

From the 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: c Monopoly created by Government of Kera/a in wholesale trade of lMFL 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…

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