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february 1975

Supreme Court of India · 1975-02-20

M. K. PAPLAH & SONS vs THE EXCISE COMMISSIONER & ANR.

Citation / case number
SC 1969/60245
Court
Supreme Court of India
Petitioner
M. K. PAPLAH & SONS
Respondent
THE EXCISE COMMISSIONER & ANR.
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court upheld the validity of excise duty and sales tax levied on the sale of arrack under the Mysore Excise Act, 1965, specifically Sections 16, 22, and 23, and the Karnataka Sales Tax Act, 1957, Sections 2, 5, and 19. The Court ruled that the removal of arrack from government warehouses after purchase attracts excise duty, and the delegation of power to fix excise duty rates does not constitute an abdication of legislative function. The appeals challenging the levies were dismissed, affirming the High Court's partial acceptance of the appellant's contentions.

M. K. PAPLAH & SONS vs THE EXCISE COMMISSIONER & ANR. · Niyam