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september 2013

Supreme Court of India · 2013-09-11

Jaina Wines Pvt. Ltd. & Ors vs State Of Maharashtra & Ors

Citation / case number
AIRONLINE 2013 SC 132
Court
Supreme Court of India
Petitioner
Jaina Wines Pvt. Ltd. & Ors
Respondent
State Of Maharashtra & Ors
Bench
Sudhansu Jyoti Mukhopadhaya, H.L. Dattu

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the collection of excise duty by wine manufacturers in Maharashtra, stating that if manufacturers included excise duty in the Maximum Retail Price (MRP) despite being exempted, they must remit the collected amount to the State Government. The Court emphasized that retaining such amounts would constitute unjust enrichment, referencing Mafatlal Industries Ltd. vs. Union of India (1997) 5 SCC 536. The appeals by the wine manufacturers were dismissed, affirming the High Court's ruling without error under Article 136 of the Constitution of India.

Jaina Wines Pvt. Ltd. & Ors vs State Of Maharashtra & Ors · Niyam