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april 2001

Supreme Court of India · 2001-04-17

M/S SOMAIYA ORGANICS (INDIA) LTD. ANR. vs STATE OF UTTAR PRADESH

Citation / case number
SC 1991/74656
Court
Supreme Court of India
Petitioner
M/S SOMAIYA ORGANICS (INDIA) LTD. ANR.
Respondent
STATE OF UTTAR PRADESH
Author
B.N.KIRPAL
Bench
RUMA PAL

Judgment text excerpt

The Supreme Court held that the vend fee levied under the U.P. Excise Act, 1910, was invalidated prospectively by the judgment in Synthetics and Chemicals Ltd. v. State of U.P. on 25th October 1989, which overruled a prior decision upholding the levy. The Court clarified that amounts not collected due to interim orders during litigation could not be recovered post the invalidation date. The judgment emphasized that the State's authority to collect vend fees was limited to the period before the prospective declaration of invalidity, thus ruling in favor of the appellant, Somaiya Organics (India) Ltd.

M/S SOMAIYA ORGANICS (INDIA) LTD. ANR. vs STATE OF UTTAR PRADESH · Niyam