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april 1986

Supreme Court of India · 1986-04-15

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

Citation / case number
SC 1971/60323
Court
Supreme Court of India
Petitioner
MOHAN MEAKIN BREWERIES LTD.
Respondent
COMMISSIONER OF EXCISE, BIHAR & ORS.
Author
G.L. OZA
Bench
G.L. OZA

Judgment text excerpt

The Supreme Court upheld the validity of the demand for excise duty under Sections 27 and 28 of the Bihar and Orissa Excise Act, 1915, following an amendment that added a proviso to Section 28. The Court clarified that the scheme of levy of excise duty is governed by both sections collectively, and the imposition of duty is permissible even after a change in rates. The petition challenging the demand was dismissed, affirming the State's authority to revise duty rates retrospectively.

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