VidhiSangh

Supreme Court of India · 14/07/2025

M/S UNITED SPIRITS LTD. versus THE STATE OF MADHYA PRADESH & ORS.

[2025] 8 S.C.R. 11 · 2025 INSC 833

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Summary

Manufacturers of beer and IMFL who sold their goods to State Government liquor warehouses, from which retailers took supply, were held liable to entry tax under Section 3 of the M.P. Entry Tax Act, 1976 for 2007-08. Although the warehouse model involved two independent transactions and not a mere supervisory role of the State, the manufacturers, being dealers under the VAT Act, had caused the entry of the goods into the local area by their sale to the warehouse; and the absence of a notification under Section 3B did not bar assessment and collection under Section 14.

Issues

  1. Whether the appellant manufacturers caused to be effected the entry of beer and IMFL into the local area within Section 3(1)(a) read with Sections 2(1)(aa), 2(1)(b) and 2(3) of the M.P. Entry Tax Act, 1976, so as to be liable to entry tax for 01.04.2007 to 31.03.2008.
  2. Whether the State Government warehouse merely supervised sales by the manufacturers to retailers, or whether the canalised supply involved two independent sales (manufacturer to warehouse and warehouse to retailer).
  3. Whether entry tax on IMFL and beer could be levied and collected under Section 14 without a notification under Section 3B of the Act.

Provisions considered

Held

Result

Civil appeals dismissed; High Court's judgment upholding the levy of entry tax on the manufacturers for 01.04.2007 to 31.03.2008 affirmed; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 11.