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march 1960

Supreme Court of India · 1960-03-25

THE STATE OF BOMBAY vs M/S. S. S. MIRANDA LIMITED

Citation / case number
SC 1956/32
Court
Supreme Court of India
Petitioner
THE STATE OF BOMBAY
Respondent
M/S. S. S. MIRANDA LIMITED
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court ruled that the imposition of additional excise duty on liquor already paid for upon its removal from a bonded warehouse is illegal under the Bombay Abkari Act, 1878, specifically sections 10, 19, and 19A. The Court established that once excise duty is paid, the liquor can be transported without further duty unless moved to a region with a different duty rate. The Court held that the State Government lacked the authority to impose duty at every stage of transportation, as the legislature had not exercised or delegated such power.

THE STATE OF BOMBAY vs M/S. S. S. MIRANDA LIMITED · Niyam