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october 1968

Supreme Court of India · 1968-10-17

MOHAN MEAKIN BREWERIES LTD. vs COMMISSIONER OF EXCISE, BIHAR & ORS.

Citation / case number
SC 1968/60157
Court
Supreme Court of India
Petitioner
MOHAN MEAKIN BREWERIES LTD.
Respondent
COMMISSIONER OF EXCISE, BIHAR & ORS.
Author
HIDAYATULLAH, M. (),SIKRI, S.M.,BACHAWAT, R.S.,MITTER, G.K.,HEGDE, K.S.
Bench
HIDAYATULLAH, M. (CJ),SIKRI, S.M.,BACHAWAT, R.S.,MITTER, G.K.,HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that under Sections 27 and 28 of the Bihar & Orissa Excise Act, 1915, the enhanced duty on foreign liquor could not be levied on goods imported before November 1, 1967, even if they were in stock on that date. The Court clarified that the proviso to Rule 147 applies only to foreign liquor imported under bond, which did not include the petitioner's liquor. Therefore, the demand for the difference in duty was unauthorized, and the petition was allowed under Article 32 of the Constitution.

MOHAN MEAKIN BREWERIES LTD. vs COMMISSIONER OF EXCISE, BIHAR & ORS. · Niyam