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2021 Supreme(All) 1692

NAHEED ARA MOONIS, SAUMITRA DAYAL SINGH
Jain Distillery Private Limited – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nishant Mishra, Tanmay Sadh, Yashonidhi Shukla, Suresh Kumar Maurya, Pawan Shri Agarwal, Rahul Agarwal, Priya Agrawal
For the Respondent: A.S.G.I., Dhananjay Awasthi, Satendra Kumar Upadhyay, Anupama Parashar, Krishna Agarawal, Ravi Prakash Singh, Ashok Singh, Gopal Verma

JUDGMENT :

Heard Shri Navin Sinha, learned Senior Advocate, assisted by Shri Nishant Mishra, learned counsel for the petitioner in Writ Tax Nos. 378 of 2021 and 383 of 2021; Shri Nishant Mishra in Writ Tax Nos. 369 of 2021, 370 of 2021, 371 of 2021 and 385 of 2021; Shri Rahul Agarwal, learned counsel for the petitioner in Writ Tax No. 355 of 2020; Shri Pawan Shri Agarwal, learned counsel for the petitioner in Writ Tax Nos. 364 of 2021 and 451 of 2021; Shri Manish Goel, learned Additional Advocate General assisted by Shri Apurva Hajela and Shri A.C. Tripathi, learned Standing Counsel, for the State.

2. In Writ Tax No. 378 of 2021, the petitioner has sought relief in the nature of a declaration that the State legislature (of Uttar Pradesh) lost its legislative competence to impose or levy tax on sale of Extra Neutral Alcohol (in short, 'ENA'), after enactment of the 101st Constitution Amendment, with effect from 1.7.2017 - as a direct consequence of the enactment of Article 246A read with Article 366 (12-A) of the Constitution of India, read with the substituted Entry 54 of List II

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