VidhiSangh

Supreme Court of India · 29/06/2020

THE COMMERCIAL TAX OFFICER & ANR. versus MOHAN BREWERIES AND DISTILLERIES LIMITED

[2020] 6 S.C.R. 865 · 2020 INSC 446

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Summary

Empty bottles bought from unregistered dealers and used to bottle beer and IMFL attracted purchase tax under section 7-A of the Tamil Nadu General Sales Tax Act. Although the bottles were neither consumed nor used in manufacturing the liquor, they were used otherwise in the connected bottling and sale activity. Sales tax on the bottled product did not exclude purchase tax. Contrary departmental clarifications could not override the statute as judicially interpreted. The revenue appeal was partly allowed, preserving exclusion of cash discounts from turnover; the assessee’s appeals were dismissed.

Issues

  1. Whether bottling liquor in purchased empty bottles attracted purchase tax.
  2. Whether sales tax on the bottled product or departmental clarifications excluded that liability.
  3. Whether cash discounts formed part of taxable turnover.

Provisions considered

Held

Result

Revenue Civil Appeal 7164 of 2013 partly allowed on purchase tax and departmental clarifications; cash-discount ruling preserved. Assessee Civil Appeal 7165 of 2013 and Civil Appeals 4416-4419 of 2014 dismissed.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 865.