VidhiSangh

Supreme Court of India · 05/01/2022

STATE OF UP THROUGH SECRETARY (EXCISE) & ORS. versus M/S MCDOWELL AND COMPANY LIMITED

[2022] 3 S.C.R. 899 · 2022 INSC 13

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Summary

The Court restored Uttar Pradesh’s excise-duty demand on bottled liquor destroyed in a distillery warehouse fire. Manufacture was the taxable event, and postponement of collection until issue for sale did not extinguish the accrued liability. Under Rule 709, liability for the fire loss depended on negligence, which the circumstances established: highly inflammable stock required heightened safeguards, the asserted precautions were inadequately substantiated, and neither an act of God nor an inevitable accident was shown. Departmental supervision and payment of an insurance claim did not absolve the distiller.

Issues

  1. Whether excise duty could be demanded on manufactured liquor destroyed before issue for sale.
  2. Whether the warehouse fire and surrounding evidence established negligence under Rule 709.
  3. What effect departmental control and insurance of the liquor’s value had on liability.

Provisions considered

Held

Result

Appeal allowed; High Court orders set aside; company’s writ petition and consequential refund-related application dismissed; excise demand sustained; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 899.