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may 1976

Supreme Court of India · 1976-05-05

EXCISE COMMISSIONER. U.P., ALLAHABAD vs RAM KUMAR

Citation / case number
SC 1975/60633
Court
Supreme Court of India
Petitioner
EXCISE COMMISSIONER. U.P., ALLAHABAD
Respondent
RAM KUMAR
Author
JASWANT SINGH
Bench
JASWANT SINGH

Judgment text excerpt

The Supreme Court held that under the U.P. Excise Act, 1910, the State has the exclusive right to levy excise duty on liquor, as per Sections 28 and 33. The Court ruled that the imposition of sales tax under Sections 3A and 4 of the U.P. Sales Tax Act, 1948, was valid despite the absence of prior notification regarding its withdrawal. The Court emphasized that the licensees were liable for compensation for unlifted quotas, affirming the legality of the government's actions and dismissing the respondents' challenge under Article 226 of the Constitution.

EXCISE COMMISSIONER. U.P., ALLAHABAD vs RAM KUMAR · Niyam