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1997 Supreme(SC) 1648

J.JAGANNADHA RAO, S.B.MAJMUDAR
Deccan Sugar And Abkari Company LTD. – Appellant
Versus
Commissioner Of Excise, A. P – Respondent


( 1 ) IN all these matters, amongst others, one of the important questions which falls for consideration is whether the appellants-distilleries which are manufacturing rectified spirit could be asked to pay excise duty on manufactured rectified spirit by the authorities functioning under the Andhra Pradesh State Excise Act.

( 2 ) SHOW-CAUSE notices were served on the appellants-distilleries by the authorities acting under the said Act alleging that the appellants did not manufacture rectified spirit as required to be manufactured in the light of the norms alleged in the show-cause notices based on utilisation of molasses. The notices were replied to by the appellants and ultimately orders were passed by the Commissioner of Excise, A. P. State computing the alleged loss in the manufacture of rectified spirit and on that basis excise duties were computed and were directed to be paid by the appellants concerned. They went in writ petitions before the High court. The writ petitions were heard and ultimately dismissed. By obtaining special leave to appeal under Article 136 of the Constitution of India the present appeals have been filed.

( 3 ) WE were informed that these appeals reached

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