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october 1990

Supreme Court of India · 1990-10-09

STATE OF U.P. AND ORS. vs DELHI CLOTH MILLS & ANR.

Citation / case number
SC 1990/77028
Court
Supreme Court of India
Petitioner
STATE OF U.P. AND ORS.
Respondent
DELHI CLOTH MILLS & ANR.
Author
K.N. SAIKIA
Bench
K.N. SAIKIA

Judgment text excerpt

The Supreme Court held that under the U.P. Excise Act, 1910, Sections 28 and 29, the imposition of excise duty on excess wastage of liquor in transit is valid. The Court clarified that the Act allows for a fixed wastage allowance, and any excess wastage is subject to taxation. The High Court's ruling that the State could not levy excise duty on wastage was overturned, affirming the State's authority to impose such duties as part of its regulatory framework.

STATE OF U.P. AND ORS. vs DELHI CLOTH MILLS & ANR. · Niyam