VidhiSangh

Supreme Court of India · 02/07/2019

THE STATE OF JHARKHAND & ORS. versus M/S AJANTA BOTTLERS & BLENDERS PVT. LTD.

[2019] 8 S.C.R. 1071 · 2019 INSC 715

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Summary

Rule 106(Tha) authorised a charge on potable IMFL manufactured using imported rectified spirit, collected before bottling; imported spirit supplied the measure of the charge rather than its taxable subject. The challenge based on legislative incompetence over non-potable spirit therefore failed. The charge represented regulation of potable liquor and consideration for State privileges, requiring no quid pro quo for services to the manufacturer.

Issues

  1. Whether Rule 106(Tha) imposed a charge on imported rectified spirit itself or on the potable liquor manufactured from it.
  2. Whether the State had competence to impose the charge and had to establish quid pro quo.

Provisions considered

Held

Result

Appeal allowed. High Court judgment dated 25 July 2013 set aside and WP(T) No. 7499 of 2012 dismissed. Pending interim applications disposed of; no costs.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 1071.