VidhiSangh

Supreme Court of India · 18/07/2017

GLAXO SMITHKLINE PHARMACEUTICALS LTD. & ANR. versus UNION OF INDIA & ORS.

[2017] 7 S.C.R. 894 · 2017 INSC 635

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Summary

The price-control exemption applied to covered drugs manufactured through 31 December 1994 even if sold later. The Court applied Ranbaxy, distinguishing an exemption notification tied to manufacture from a price-fixation notification tied to sale. The High Court’s judgment sustaining the contrary demand was set aside.

Issues

  1. Whether sale after expiry removed exemption from drugs manufactured during the exemption period.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside, accepting the manufacture-date construction of the exemption.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 894.