Supreme Court of India · 2020-06-29
THE COMMERCIAL TAX OFFICER AND ANR. vs MOHAN BREWARIES AND DISTRILLERIES LIMITED
- Citation / case number
- SC 2005/6736
- Court
- Supreme Court of India
- Petitioner
- THE COMMERCIAL TAX OFFICER AND ANR.
- Respondent
- MOHAN BREWARIES AND DISTRILLERIES LIMITED
- Author
- HON'BLE MR. JUSTICE DINESH MAHESHWARI
- Bench
- HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE MR. JUSTICE DINESH MAHESHWARI, HON'BLE MR. JUSTICE SANJIV KHANNA
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 7-A of the Tamil Nadu General Sales Tax Act, 1959, concerning the levy of purchase tax on empty bottles purchased by the assessee for manufacturing Beer and Indian Made Foreign Liquor (IMFL). The Court upheld the High Court's decision that the assessee was entitled to benefit from prior clarifications issued by the revenue, which exempted them from purchase tax until those clarifications were prospectively withdrawn. Consequently, the appeals by the revenue were dismissed, affirming the assessee's position regarding the purchase tax for the assessment years in question.