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march 1997

Supreme Court of India · 1997-03-04

UNITED BREWERIES vs STATE OF A.P.

Citation / case number
SC 1994/15852
Court
Supreme Court of India
Petitioner
UNITED BREWERIES
Respondent
STATE OF A.P.
Author
,SUHAS C. SEN,SUJATA V. MANOHAR
Bench
CJI,SUHAS C. SEN,SUJATA V. MANOHAR

Judgment text excerpt

The Supreme Court referred the case involving United Breweries and the Andhra Pradesh Sales Tax Authority to a larger bench for consideration, particularly in light of previous judgments in State of Maharashtra vs. Brittannia Biscuits Company Ltd. and Punjab Distilling Industries Limited vs. Commissioner of Income Tax. The core issue was whether the sale of beer included the sale of bottles and crates, with the Commercial Tax Officer concluding that the scheme was not genuine and taxable turnover should include the value of the bottles. The High Court had held that ownership of the bottles and crates transferred to customers upon sale, which was a pivotal point for the larger bench's review.

UNITED BREWERIES vs STATE OF A.P. · Niyam