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december 2004

Supreme Court of India · 2004-12-17

MAHARASHTRA DISTILLERIES vs MUNICIPAL CORPORATION OF AURANGABAD &ANR

Citation / case number
SC 1996/77316
Court
Supreme Court of India
Petitioner
MAHARASHTRA DISTILLERIES
Respondent
MUNICIPAL CORPORATION OF AURANGABAD &ANR
Bench
CJI, N. SANTOSH HEGDE & SHIVARAJ V. PATIL

Judgment text excerpt

The Supreme Court ruled that Rectified Spirit imported by the appellant is subject to octroi duty at 1.5% under Entry 37 of Class III of the Aurangabad City Municipal Corporation Octroi Rules, rather than the 5% rate under Entry 7 of Class I, which pertains to articles fit for human consumption. The Court held that Rectified Spirit, being unfit for direct human consumption, does not fall under the higher duty category. Consequently, the demand for additional octroi duty was quashed, affirming the lower rate applicable to the imported goods.

MAHARASHTRA DISTILLERIES vs MUNICIPAL CORPORATION OF AURANGABAD &ANR · Niyam