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january 2017

Supreme Court of India · 2017-01-05

Commissioner Central Excise vs M/S.United Spirits Ltd.& Anr

Citation / case number
AIR 2017 SC 1266
Court
Supreme Court of India
Petitioner
Commissioner Central Excise
Respondent
M/S.United Spirits Ltd.& Anr
Author
Dipak Misra
Bench
N.V. Ramana, Dipak Misra

Judgment text excerpt

The Supreme Court addressed the legality of Usership Agreements and Manufacturing Agreements between a manufacturer of Indian Made Foreign Liquor (IMFL) and various liquor manufacturers. The Court held that the agreements, which stipulate a principal-to-principal basis for transactions and outline the pricing structure including Ex-Distillery Price (EDP) and service charges, are valid under contract law. The judgment clarified that the respondent's role in providing technical know-how and marketing support does not alter the nature of the agreements, affirming their enforceability under Indian law.

Commissioner Central Excise vs M/S.United Spirits Ltd.& Anr · Niyam