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september 1997

Supreme Court of India · 1997-09-15

M/S. KALYANI BREWERIES LTD. vs STATE OF WEST BENGAL& ORS.

Citation / case number
SC 1989/72520
Court
Supreme Court of India
Petitioner
M/S. KALYANI BREWERIES LTD.
Respondent
STATE OF WEST BENGAL& ORS.
Author
M. JAGANNADHA RAO S.P. BHARUCHA
Bench
M. JAGANNADHA RAO S.P. BHARUCHA

Judgment text excerpt

The Supreme Court addressed the taxation of forfeited bottle deposits under the West Bengal Sales Tax Act, determining that such forfeited amounts should be treated as part of the sales realizations. The Court held that the transaction concerning beer bottles was a sale rather than a bailment, as there was no time limit for the return of the bottles. Consequently, the assessments made by the commercial tax officers were upheld, affirming the decisions of the lower tribunals.

M/S. KALYANI BREWERIES LTD. vs STATE OF WEST BENGAL& ORS. · Niyam