M/S Cadila Pharmaceuticals Ltd. Phase-I Industrial Growth Centre, Samba Vs State of Jammu and Kashmir through Commissioner Secretary to Government, Finance Department and Others

High Court Of Jammu And Kashmir And Ladakh At Jammu 31 Dec 2024 WP(C ) No. 3273 of 2019 (2024) 12 J&K CK 0002
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

WP(C ) No. 3273 of 2019

Hon'ble Bench

Sanjeev Kumar J, Puneet Gupta, J

Advocates

Arun Dev Singh, Amar Pratap Singh, Vishal Goel, J. A Hamal,Aftab Malik, Pranav Kohli, Monika Kohli

Final Decision

Disposed Off

Acts Referred
  • Constitution of India 1950 - Article 370Constitution of Jammu and Kashmir - Section 5
  • State Excise Act - Section 5, 16
  • Central Goods and Services Tax Act, 2017- Section 9, 174
  • Integrated Goods and Services Tax Act, 2017 - Section 7

Judgement Text

Translate:

Type,Rate

Rectified spirit/alcohol/denatured spirit for use in

medicinal and toiletry preparations, other than in

manufacture of liquor",Rs.10/litre

Molasses,Rs.20 per quintal

,Medicinal and Toilet

Preparations (Excise Duties) Act, 1955, by Section 174 of CGST Act, 2017, the Central Government is left with no power to levy duty of excise o",

medicinal and toilet preparations. It is argued that the position, as it emerges after the implementation of the GST regime, is fortified by",

,"when they are manufactured, imported, or exported. Duties of excise are levied on the

manufacture of goods and their import into or export from a State. Customs duty is a duty which is imposed on imports into and exports from a State,

There is no dispute that when levies are legally distinct, they can be charged simultaneously. The tax under the CGST Act, 2017 and th",

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