Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2008

Supreme Court of India · 2008-08-05

Kopargaon Sahakari Sakhar Karkhana Ltd vs State Of Maharashtra & Ors

Court
Supreme Court of India
Petitioner
Kopargaon Sahakari Sakhar Karkhana Ltd
Respondent
State Of Maharashtra & Ors
Bench
Lokeshwar Singh Panta, R.V. Raveendran

Judgment text excerpt

The Supreme Court addressed the challenge to the deletion of the proviso to Rule 5(2) of the Bombay Rectified Spirit (Transport in Bond) Rules, 1951, which imposed a transport fee on the appellants, Co-operative Sugar Factories. The Court noted that the appellants argued that the rectified spirit was not transported but merely moved internally, thus questioning the justification for the fee. Citing the precedent set in M/s. Vam Organic Chemicals Ltd. vs. State of Maharashtra, where a similar amendment was quashed, the Court held that the appeals should be disposed of in line with the interim order previously granted, thereby staying the recovery of the transport fee pending the outcome of the writ petitions.

Kopargaon Sahakari Sakhar Karkhana Ltd vs State Of Maharashtra & Ors · Niyam