VidhiSangh

Supreme Court of India · 08/07/2024

THE EXCISE COMMISSIONER KARNATAKA & ANR. versus MYSORE SALES INTERNATIONAL LTD. & ORS.

[2024] 7 S.C.R. 287 · 2024 INSC 484

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Summary

Under the Section 206C provisions applicable to the disputed assessment years, Karnataka arrack vendors fell outside the definition of buyer: the auction conferred vending rights rather than ownership of liquor, and retail prices were statutorily controlled within a range. The collection-at-source demands against Mysore Sales were quashed. The Court also required notice and a reasonable hearing, including personal hearing, before a prejudicial Section 206C order.

Issues

  1. Whether auction of vending rights amounted to obtaining arrack by auction.
  2. Whether a statutory minimum-and-maximum retail-price range satisfied the fixed-price exclusion.
  3. Whether Section 206C demands required an opportunity of personal hearing despite statutory silence.

Provisions considered

Held

Result

Appeal allowed without costs; Single Judge and Division Bench judgments set aside. Section 206C(6) orders dated 17 January 2001 for assessment years 1995–96 to 2000–01 and consequential Section 156 demands quashed.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 287.