Search Results for "Bihar and Orissa Excise Act"

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Supreme Court Quashes Demand for Enhanced Duty on Liquor Imported Before Rate Revision in Bihar Excise Act Case. Proviso to Rule 147 Held Inapplicable to Non-Bonded Imports, Clarifying Scope of Duty Revision Levy.

The petitioner, Mohan Meakin Breweries Ltd., manufactured Indian made foreign liquor at distilleries in Himachal Pradesh and Uttar Pradesh, and had de...

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Supreme Court Quashes Cognizance in Bihar Excise Case — Private Vehicle Not a Public Place Under Section 53(a) of Bihar Excise (Amendment) Act, 2016. Consumption of liquor in a private vehicle does not constitute an offence under Section 53(a) as the vehicle is not a 'public place' under the Act.

The appellants, all Rotarians, were travelling from Giridih, Jharkhand to Patna, Bihar in a private vehicle to attend a Rotary Club meeting on 25.06.2...

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Supreme Court Dismisses State's Appeals, Affirms Refund of Licence Fee and Differential Amount for Period of Unlawful Closure of Distillery Premises. Licensee Entitled to Refund When Premises Sealed Without Opportunity of Hearing, and Suspension Order Passed Without Show-Cause Notice.

The Supreme Court dismissed appeals by the State of Bihar against a Patna High Court judgment directing refund of licence fee and differential amount ...

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Supreme Court Dismisses State's Appeal in Excise Duty Dispute Over Non-Potable Weak Spirit. State's Authority to Levy Excise Duty is Limited to Alcoholic Liquors for Human Consumption Under Entry 51 List II of the Constitution, While Non-Potable Spirit Falls Under Central Power Under Entry 84 List I.

The appeals arose from a common judgment of the High Court of Orissa, which allowed writ petitions filed by the respondent-company and set aside deman...

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Supreme Court Upholds State Sales Tax on Pan Masala and Gutkha in Multiple Appeals. State Legislatures Empowered to Levy Sales Tax on These Goods Despite Central Excise Levies, as They Are Not Declared Goods Under Section 14(ix) of Central Sales Tax Act, 1956.

The Supreme Court disposed of a batch of appeals arising from judgments of three High Courts concerning the taxability of pan masala and gutkha under ...

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Supreme Court Allows Appeal Against Confiscation of Truck Under UP Excise Act — Collector's Confiscation Power Not Exclusive When Criminal Trial Is Pending. Magistrate Retains Jurisdiction Over Seized Property Under CrPC When IPC Offences Are Also Involved.

The appellant, owner of a truck seized for transporting 154 cartons of illicit liquor along with a country-made pistol and live cartridges, challenged...

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Bombay High Court Allows Writ Petitions Against Revisionary Authority on Jurisdiction Ground. Cause of Action Arises at Place of Revisionary Authority's Office Under Article 226(2) of Constitution of India, Not Where Original Adjudication Order Was Passed.

The Bombay High Court dealt with a preliminary objection regarding the maintainability of six writ petitions challenging orders passed by the Revision...

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Supreme Court Examines Legality of Entry Tax on Goods Imported from Abroad; State Legislations of Orissa, Bihar, Kerala and Jharkhand Under Scrutiny

Background: The case involves a batch of civil appeals before the Supreme Court concerning the levy of entry tax on goods imported from foreign countr...

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Bombay High Court Adjudicates Upon Challenge to Pre-Deposit Order and Validity of Explanation to Schedule Entry A-45 of MVAT Act, 2002. The Petition Seeks Quashing of Assessment and Pre-Deposit Orders for Pan Masala Containing Tobacco Exemption Denial and Striking Down of Discriminatory Notification.

The petitioner, M/s. Ghodawat Energy Pvt. Ltd., a manufacturer of pan masala with and without tobacco, challenged the levy of VAT on pan masala contai...

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Karnataka High Court Hears Appeal Against Interim Stay of Excise Rule Amendments. State Challenges Ad Interim Order Staying Amended Rules 5 and 5-A of Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968, Introduced by Second Amendment Rules, 2025.

The State of Karnataka filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961 against an ad interim order dated 25.11.2025 passed b...