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april 2002

Supreme Court of India · 2002-04-17

Maharashtra Distilleries vs M&Unaincri.Pal Corporation Of ...

Citation / case number
AIR 2002 SUPREME COURT 1935
Court
Supreme Court of India
Petitioner
Maharashtra Distilleries
Respondent
M&Unaincri.Pal Corporation Of ...
Author
Shivaraj V. Patil
Bench
Chief Justice, N. Santosh Hegde, Shivaraj V. Patil

Judgment text excerpt

The Supreme Court held that Rectified Spirit imported by the appellant is not fit for human consumption and thus should be classified under Entry 37 of Class III of the Aurangabad City Municipal Corporation Octroi Rules, attracting a duty of 1.5%. The Court rejected the respondent's claim to impose a higher duty of 5% under Entry 7 of Class I, which pertains to articles for food and drink. The judgment reaffirmed the legal principle that the classification of goods for octroi duty must align with their intended use, as established in prior cases such as Synthetic and Chemicals Ltd. v. State of U.P. and State of U.P. v. Modi Distillery. The appeal was allowed, and the higher duty was set aside.

Maharashtra Distilleries vs M&Unaincri.Pal Corporation Of ... · Niyam