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february 2000

Supreme Court of India · 2000-02-19

UNION OF INDIA vs M/S. OM PRAKASH S.S. & COMPANY

Citation / case number
SC 2001/1892
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S. OM PRAKASH S.S. & COMPANY
Bench
B.N. KIRPAL & RUMA PAL

Judgment text excerpt

The Supreme Court interpreted Section 206-C of the Income Tax Act, 1961, clarifying that a licensee who pays a license fee does not automatically qualify as a 'buyer' entitled to receive specific goods under this section. The Court held that the term 'buyer' refers to a person who has a right to receive goods, which is not the case for a licensee merely permitted to conduct business. Consequently, the provisions of Section 206-C do not apply to licensees in the liquor trade, leading to the dismissal of the Special Leave Petition.

UNION OF INDIA vs M/S. OM PRAKASH S.S. & COMPANY · Niyam