E. S. VENKATARAMIAH, G. L. OZA, K. N. SINGH, RANGANATH MISRA, S. NATARAJAN, SABYASACHI MUKHARJEE, B. C. RAY
Synthetics And Chemicals LTD. – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT
SABYASACHI MUKHARJI, J. :- (For himself, E. S. Venkataramiah, CJI., Ranganath Misra, B. C. Ray,. K. N. Singh and S. Natarajan, JJ.):- These writ petitions, civil appeals and review petitions relate to the right of the States to levy vend fee or duties in respect of industrial alcohol under different legislation in different States. We will first ideal with writ petition No. 182/80. In writ petition No. 182/80 (Synthetics & Chemicals Ltd. v. State of U. P. & Ors.), we are concerned with the notification dated 31st May, 1979, substituting new Rule 17(2) for old Rule 17(2) and providing for a vend fee of Rs. 1.10 per bulk litre for all issues from distillery but in case of FL 39 Licence (like the petitioner in this case), the vend fee would be so charged that the amount of this fee and purchase tax together does not exceed 25 paise per bulk litre. Then there are three review petitions, namely, Review Petitions Nos. 202-04/80 (Synthetics & Chemicals Ltd. v. State of U.P.) and Review Petition No. 17 of 1980 (Kesar Sugar Works Ltd. v. State of U. P.). These are directed againts the judgment and order of this Court dated 19th December, -1979 in State of U. P. v. Synthetics & Chemi
Guruswamy and Co. v. State of Mysore
State of Mysore v. D. Cawasji and Co.
K.K. Narula v. State of Jand K
overruled : State of U.P. v. Synthetics and Chemicals Ltd.
State of Bombay v. F.N. Balsara
followed : M.P.V. Sundararamier and Co. v. State of A.P.
reversed on : State of U.P. v. Synthetics and Chemicals Ltd.
overruled : Slate of Bombay v. F.N. Balsara
relied on : Motor General Traders v. State of Andhra Pradesh
referred to : Town Municipal Committee v. Ramachandra Vasudeo Chimote
Calcutta Gas Co. v. State of West Bengal
explained and distinguished : State of West Bengal v. Subodh Gopal Bose
Kameshwar Prasad v. State of Bihar
followed : India Cement Ltd. v. State of Tamil Nadu
overruled : State of Bombay v. F.N. Balsara
Synthetics and Chemicals Ltd. v. State of U.P.
distinguished : Har Shankar v. Deputy Excise and Taxation Commissioner
Cooverjee B. Bharucha v. Excise Commissioner, the Chief Commissioner, Ajmer
P.N. Kaushal v. Union of India
State of Assam v.A.M. Kidwai, Commissioner of Hills Division and Appeals, Shillong
Nagendra Nath Bora v. Commissioner of Hills Division and Appeals, Assam
Amarendra Chandra Chokraborty v. Collector of Excise, government of Tripura
State of Bombay v. R.M.D. Chamarbaugwala
State of Orissa v. Harinarayan Jaiswal
referred to : Southern Pharmaceuticals and Chemicals v. State of Kerala
affirmed : Indian Mica and Micanite Industries v. State of Bihar
relied on : Adhyaksha Mathur BabuS Sakti Oushadhalaya Dacca (P) Ltd. v. Union of India
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