LAWS(BOM)-1997-3-7

BARAMATI GRAPE INDUSTRIES LIMITED Vs. STATE OF MAHARASHTRA

Decided On March 04, 1997
BARAMATI GRAPE INDUSTRIES LIMITED Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) IT is the contention of the petitioners that they are engaged in the manufacture, inter alia, of potable liquor and have their distilleries situated at various places. They manufacture the liquor under the licenses issued to them under the provisions of the Bombay Prohibition Act, 1949 (hereinafter referred to as the Prohibition Act) and carry on manufacturing activity. By filing the present petitions, they are challenging the legality and constitutional validity of (1) Maharashtra Ordinance No. XII of 1996 dated 4th September, 1996, (ii) Notification No. ARM/1096/21/2/exe. dated 13th September 1996, (iii) Maharashtra Potable Liquor (Fixation of Maximum Retail Prices) Rules, 1996 (M. R. P. Rules) and (iv) Circular No. CSE 1096/arm/ (96-97) I (E) dated 30th October, 1996.

(2.) BY the impugned Ordinance, Explanation to section 105 of the Prohibition Act is substituted. Section 105 and the substituted explanation reads as under :

(3.) FURTHER, by Notification dated 13th September, 1996, the State Government has directed that with effect from 1st January, 1997, the excise duty or countervailing duty, as the case may be, shall be imposed on excisable articles specified in column (2) of the Schedule appended thereto at the rates specified in column (3) thereof if such excisable articles are --