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1975 (8) TMI 123 - SC - Central ExciseWhether the excise license granted to the appellants rendered them lube to pay the stipulated lump sum mentioned in the licence? Held that:- The scheme or remission in the present case is that if the liquor contractor purchased liquor of the value, the excise duty whereof equalled the price of the exclusive privilege, the; liquor con tractor is to be given credit therefor. The agreements give the liquor contractors an exclusive privilege to sell country liquor in a specified area for the period fixed for a stipulated sum of money for enjoying the privilege. If the contractors do not sell any liquor they arc yet bound to pay the stipulated sum. IF they sell liquor they are given the benefit of remission in the price of the exclusive privilege. The measure for this remission is the excise duty leviable to the extent that the liquor contractors can neutralise the entire amount of exclusive privilege in the excise duty payable by them. If the contractors fail to lift adequate quantity of liquor and thereby fail in neutralising the entire price of exclusive privilege the contractors are not called upon to pay excise duty. For these reasons the contentions of the appellants fail
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