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2022 Supreme(AP) 616

C. PRAVEEN KUMAR, A. V. RAVINDRA BABU
Esveeaar Distilleries Private Limited – Appellant
Versus
Assistant Commissioner (State Tax), Tirupati – II Circle, Tirupati & Four – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri S. Suri Babu.
For the Respondents: Sri Y.N. Vivekananda, Sri N. Harinath

ORDER :

C.PRAVEEN KUMAR, J.

The short question that arises for consideration in present writ petition is “whether alcoholic liquor for human consumption falls within the meaning of food or food products”?

2. The circumstances, which led, to filing of writ petition, as under:

The petitioner herein is a manufacturer of Indian Made Foreign liquor having its distillery at Karakambadi Village, Chittoor District and is a franchisee of M/s.United Spirits Limited, Bangalore for manufacture of “McDowell” brand alcoholic beverages like rum, whisky and brandy. [It purchases extra neutral alcohol from various distilleries, food flavours, special spirits and caramel from registered dealers situated within the State of Andhra Pradesh as well as from dealers located outside the State of Andhra Pradesh]. An Assessment came to be made by the Respondent No. 1 for the Tax Period of 2017-2018, 2018-2019 & 2019-2020 in levying CGST amounting to Rs. 24,94,104/- with penalty and interest under CGST & IGST. The same is challenged on the ground that the job work charges relatable to manufacture of Alcoholi

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