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december 2004

Supreme Court of India · 2004-12-17

Maharashtra Distilleries Ltd vs Municipal Corporation Of Aurangabad & ...

Citation / case number
AIR 2005 SUPREME COURT 760
Court
Supreme Court of India
Petitioner
Maharashtra Distilleries Ltd
Respondent
Municipal Corporation Of Aurangabad & ...
Bench
N. Santosh Hegde, B.P. Singh, S.B. Sinha

Judgment text excerpt

The Supreme Court clarified its earlier judgment regarding the octroi duty on rectified spirit, confirming that the applicant-appellant was entitled to a refund of excess octroi collected by the Municipal Corporation of Aurangabad. The Court held that the Municipality's claim of unjust enrichment was unfounded, as the applicant provided sufficient evidence that the excess duty was not passed on to consumers. Consequently, the Court directed the Municipality to refund the excess amount of Rs. 3,51,94,471 along with interest at 12%.

Maharashtra Distilleries Ltd vs Municipal Corporation Of Aurangabad & ... · Niyam