- (1.) Leave granted.
(2.) This appeal is brought by the State of Uttar Pradesh against the judgment of the Allahabad High court in Civil Miscellaneous Writ Petition No. 361 of 1976. The High court, allowing the writ petition, declared the Uttar Pradesh Sales of Motor Spirit, Diesel Oil and Alcohol Taxation (Amendment) Act, 1976 (U. P. Act 8 of 1976 to be null and void insofar as it purported to levy purchase tax on industrial alcohol. By this Act, Ss. (1 of S. 3 of the United Provinces Sales of Motor Spirit, Diesel Oil and Alcohol Taxation Act, 1939 was amended, so as to substitute the following sub-section: "3.(L) There shall be levied with effect from 2/05/1974- (A) * * * (B) at the point of first purchase of alcohol in the State, a tax at the rate of 40 paise per litre for the first million litres and at the rate of 20 paise per litre for the remainder, payable by the purchaser, and which shall be collected and paid in the prescribed manner to the State Government:. . "this levy was sought to be justified by the State, when challenged in the writ proceeding, as a valid exercise of its legislative power on a matter falling under Entry 54 of List II of the Seventh Schedule of the Constitution. The writ petitioners, challenging the levy, contended that the State legislature was II, it was contended, would come into direct conflict with the law made by Parliament and the control exercised by the central government under that law in regard to an industry falling under Entry 52 of List I read with Entry 33 of List III. The writ petitioners, relying upon the decision of a Constitution bench of this court in Synthetics and Chemicals Ltd. v. State of U. P. contended before the High court that, insofar as industrial alcohol was concerned, the State was incompetent to levy sales tax by reason of the operation of the Ethyl Alcohol (Price Control) Orders made by the central government in exercise of its power under Section 18-G of the IDR Act.
(3.) The State contended before the High court that the aforesaid decision of this court did not deal with any levy of tax falling under Entry 54 of List II. The power of the State to levy taxes on the sale or purchase of goods was not the subject of consideration in that decision. What was considered was the power of the State to collect vend fee or transport fee or the like by recourse to Entry 8 or 51 of List II with reference to the production, manufacture, possession, transport, purchase and sale of industrial alcohol during the operation of the IDR Act and the rules made thereunder.;