+ LPA 330/2005 & CM No.1802/2005 (for stay) Versus J U D G M E N T

Similar documents
* IN THE HIGH COURT OF DELHI AT NEW DELHI. + LPA 506/2015 & CM No.13852/2015 (stay)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : THE DELHI MUNICIPAL CORPORATION ACT, 1957 Date of decision: 31st July, 2012 LPA. No.48/2006.

$~23. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7131/2015 % Judgment dated 29 th July, versus

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3198 OF 2019 (Arising out of S.L.P.(C) No of 2017) VERSUS

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2017 VERSUS WITH CIVIL APPEAL NO.9365 OF 2017 VERSUS WITH

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPANIES ACT, Date of decision: 21st December, LPA No.550/2011

it has been received or not. We have heard Ms. Pinky Anand, learned Additional Solicitor General appearing for the appellant herein. She has brought t

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : FINANCE ACT, 1994 Judgment delivered on: W.P.(C) 4456/2012 & C.M.No.9237/2012( for stay)

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. versus CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MR. JUSTICE B.MANOHAR C.S.T.A. NO.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. Date of decision: 7th March, LPA No. 741/2011

* THE HIGH COURT OF DELHI AT NEW DELHI. Decided on GROUP 4 SECURITAS GUARDING LTD. Versus AND. Versus

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER W.P.(C) No.5282/2012 DATE OF DECISION : 2nd July, 2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: INTERNATIONAL ASSET RECONSTRUCTION COMPANY LTD

Respondent preferred an appeal there against before the Commissioner (Appeals), which by an order dated was allowed. Appellant preferred an

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + W.P.(C) No.8408/2011. % C. RAJARAM, ADVOCATE & ANR...Petitioners Through: Mr. Amit Khanna, Adv.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. Advocate. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI. LPA No.101/2010 and LPA No.461/2010 & CM Appl. Nos /2010. Date of Hearing:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INTEREST ON THE AMOUNT OF LEAVE ENCASHMENT Judgment delivered on W.P.

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + W.P. (C.) No.12711/2009. % Date of Decision : Through Mr. Rajat Gaur, Adv.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

DELHI DEVELOPMENT AUTHORITY Through: Mr Ajay Verma, Adv. Through: Mr R.K. Saini, Adv with Mr Sitab Ali Chaudhary, Adv. AND LPA 709/2012.

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Employees Provident Fund and Misc. Provisions Act, LPA No.399/2007

Fertiliser Association Of India... vs Union Of India & Ors on 18 March, 2015

BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

IN THE HIGH COURT OF KARNATAKA, BANGALORE PRESENT. THE HON'BLE Mr. JUSTICE AND. STRP Nos OF 2013*

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPENSATION MATTER Reserved on: 21st February, 2012 Pronounced on: 2nd July, 2012 MAC.APP.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATER. Judgment delivered on: ITA 243/2008. versus

IN THE HIGH COURT OF DELHI AT NEW DELHI

A FORTNIGHTLY VAT/GST LAW REPORTER 2003 NTN 22)-7 [ALLAHABAD HIGH COURT]

VERSUS M/S. BHAGAT CONSTRUCTION CO. PVT. LTD... Respondent. VERSUS M/S. M.R.G. PLASTIC TECHNOLOGIES AND ORS... Respondent

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : PP ACT Date of decision: 23rd March, 2012 LPA No.977/2011

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. M/s Lakhani Marketing Incl., Plot No.131, Sector 24, Faridabad

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 4TH DAY OF SEPTEMBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.

IN THE HIGH COURT OF DELHI AT NEW DELHI. Date of decision : 26 th November, THE NEW INDIA ASSURANCE CO.LTD. Through Mr.P.K.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : THE COMPANIES ACT, 1956 Date of decision: 1st May, 2012 CO.APP. No.24/2012

CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL Nos OF 2004

Indian Employees [ Judgment - 68 ] NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

01 * IN THE HIGH COURT OF DELHI AT NEW DELHI.... Respondent Mr. A.K. Bhardwaj, Advocate.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.1381 OF Chennai Port Trust.Appellant(s) VERSUS

IN THE HIGH COURT OF JHARKHAND AT RANCHI Tax Appeal No. 7 of 2005

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Decision: FAO(OS) 455/2012 and CM No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3 OF 2013 WITH INCOME TAX APPEAL NO.

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment Reserved on: 09 th October, 2015 Judgment Delivered on: 16 th February, 2016

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.958 OF Prem Nath Bali Appellant(s) VERSUS J U D G M E N T

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2019 (Arising out of SLP (Civil) No.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 18TH DAY OF SEPTEMBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. ITA No. 217 of 2002 Date of decision Commissioner of Income Tax(Central) Ludhiana

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATTER. ITA No.798 /2007. Judgment reserved on: 27th March, 2008

Commissioner of Income-Tax Vs. Punjab Chemical & Crop Protection Ltd

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of decision: 16th December, 2013 RFA No.581/2013.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 969/2014

CORAM: HONOURABLE MR.JUSTICE AKIL

IN THE HIGH COURT OF DELHI AT NEW DELHI

Income Tax Appeal No. 6 of M/s. Shiv Shakti Flour Mills (P) Ltd., Makum Road, Tinsukia Versus-

IN THE HIGH COURT OF DELHI : NEW DELHI SUBJECT : INCOME TAX MATTER. ITA No-160/2005. Judgment reserved on: 12th March, 2007

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : CORAM. THE Hon'ble Mr.JUSTICE M. DURAISWAMY. W.P.No.1226 of 2016

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CENTRAL EXCISE ACT, 1944 CEAC 2/2012 DATE OF DECISION : FEBRUARY 01, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT :INCOME TAX ACT W.P.(C) 5467/2010 Date of Decision : 2nd February, 2012.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MRS. JUSTICE S.SUJATHA ITA NO.

REPORTED * IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: August 25, RFA(OS) 50/2015. versus HOUSING DEVELOPMENT FINANCE

ITEM NO.7 COURT NO.5 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 14 th August, W.P.(C) 7727/2015 and C.M.No /2015.

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: ITA 232/2014 COMMISSIONER OF INCOME TAX-VI

W.P.No.39548/2012 (T-IT)

THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: THE COMMISSIONER OF INCOME TAX. - versus M/S ZORAVAR VANASPATI LIMITED

Indus Tower Limited and another. State of Andhra Pradesh and others

Group 4 Securitas Guarding Ltd. vs The Regional Provident Fund... on 30 October, 2003

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CENTRAL EXCISE ACT, 1944 Judgment delivered on: W.P.(C) 5636/2010. versus W.P.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.683 OF 2006

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER Judgment delivered on: W.P.(C) 2331/2011

* HIGH COURT OF DELHI AT NEW DELHI. Judgment Reserved on: 11 th November, % Judgment Pronounced on: November 29, 2010

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.2015 OF 2007 VERSUS J U D G M E N T

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 12 th January, 2016 % Pronounced on : 22 nd January, MACA 217/2013

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SHRI G. D. AGRAWAL, PRESIDENT AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT. INCOME TAX APPEAL No. 171/2001. Date of decision: 18th July, 2014

Versus P R E S E N T HON'BLE MR. JUSTICE PRASHANT KUMAR This writ application has been filed for the following. reliefs:

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT RESERVED ON: PRONOUNCED ON: ITA No.119/2012

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO(S).9310/2017 (Arising from Special Leave Petition(s)No.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER Date of decision: 13th July, 2012 LPA No.951/2011

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT. Reserved on: 19th March, Date of Decision: 25th April, 2014

WP(C) No.3034/2008 BEFORE THE HON BLE MR JUSTICE HRISHIKESH ROY THE HON BLE MR JUSTICE L.S. JAMIR. For the respondents : Mr. S. Saikia. SC, Finance.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT. ITA No. 450/2008. Judgment reserved on :

/TRUE COPY/ PS TO JUDGE

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL. Date of decision: 4th December, 2012 MAC.APP.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5818/2013. versus THE AUTHORITY FOR ADVANCE. With + W.P.(C) 7788/2013 & CM 16560/2013

THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT W.P.(C) 1254/2010 DATE OF DECISION :

IN THE HIGH COURT OF DELHI AT NEW DELHI

EXCISE AND TAXATION DEPARTMENT HIMACHAL PRADESH NOTIFICATION. Shimla , the 15 th November, 2014.

Commissioner of Trade Tax, U.P., Lucknow. vs. M/s Executive Engineer, Rampur. And. Trade Tax Revision Nos. 353 & 354 of 1995

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPENSATION MATTER MAC. APP. 30/2006. Judgment reserved on: 14th November,2007

Transcription:

* THE HIGH COURT OF DELHI AT NEW DELHI + LPA 330/2005 & CM No.1802/2005 (for stay) Pronounced on: January 04, 2016 M/S THE CO-OPERATIVE CO. LTD.... Appellant Through: Ms. Rana Parveen Siddiqui, Adv. Versus D.T.T.D.C. & ORS. Through:... Respondents Mr. S.B. Upadhyay, Sr. Adv. with Mr.Vikrant Yadav & Mr. K.P.Pathak, Advs. for R-1. Mr. Elgin Matt Johan, Adv. for R4. Mrs. Avnish Ahlawat & Ms. Gunjan Bansal, Advs. for R-5&7. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW G. ROHINI, CHIEF JUSTICE J U D G M E N T 1. The unsuccessful petitioners in W.P.(C) No. 2612/1991 preferred this appeal aggrieved by the dismissal of the writ petition by order dated 09.12.2004. 2. The appellant/petitioner is a wholesale supplier of country liquor in Delhi and was holding licence granted in Form L9 under the Punjab Excise Act, 1914 as extended to Delhi read with Delhi Liquor Licence Rules, 1976. The respondent No.1, the Delhi Tourism and Transportation Development Corporation Ltd. (for short the Corporation ) is holding a retail licence in Form L10 for retail sale of country liquor and 50 o Rum in the Union Territory of Delhi. For the excise year 1991-92, the appellant was awarded a LPA 330/2005 Page 1 of 7

contract by the Corporation for wholesale supply of country liquor and Rum in Delhi. 3. The distilleries of appellant are situated at Saharanpur and Sahibabad in the State of Uttar Pradesh from where the country liquor manufactured by it was imported and stored in its bonded warehouse in Delhi on the basis of license in Form CLW-1 issued under the Delhi Country Liquor Bonded Warehouse Rules, 1976. From the warehouse, the liquor was supplied/sold to the retail vends of the Corporation under the direct supervision of the staff posted by the Excise Department. It is not in dispute that the appellant is required to deliver the country liquor at the retail vends of the Corporation. 4. The price structure for wholesale supply of country liquor and 50 o Rum to retail sale vends for the year 1991-92 was fixed by the Commissioner of Excise, Delhi Administration vide proceedings dated 09.05.1991 in terms of Rule 34(11) of Delhi Liqour License Rules, 1976 and the said price structure included the components of: (i) wholesale price, (ii) special duty, (iii) excise revenue, (iv) retailers margin, (v) sale price and (vi) sales tax. 5. Section 23 of the Punjab Excise Act, 1914 as extended to Delhi (hereinafter referred to as the Act ) provides that no intoxicant shall be removed from any distillery, brewery, warehouse or other place of storage established or licensed under the Act unless the duty, if any payable under Chapter V has been paid or a bond has been executed for payment thereof. As per the practice, the retailer, i.e., the Corporation deposits in advance the special duty at the time of obtaining transport passes and there is no dispute regarding the liability of the appellant, i.e. wholesaler to reimburse the same, including the special duty on transit wastage (wastage on account of broken bottles in transit) from bonded warehouse to retail vends of the Corporation in view of the judgment of this Court in LPA 330/2005 Page 2 of 7

Modi Industries Limited and another v. Lieutenant Governor of Delhi and ors, DRJ 1992(24) 149. However, the dispute is regarding the component of excise revenue on such transit wastage. While the Corporation claims that apart from special duty the appellant /writ petitioner is liable to pay the excise revenue also on transit wastage of liquor, the appellant /writ petitioner contends that they are not liable to pay the same and therefore, the Corporation is not entitled to recover/deduct any amount from their bills towards excise revenue on transit wastage. 6. Aggrieved by the action of the Corporation in making the appellant liable to reimburse excise revenue on transit wastage, i.e., broken bottles of liquor in transit from the bonded warehouse to retail vends, the appellant filed W.P.(C) No.2612/1991. The said writ petition along with a batch of writ petitions filed by similarly situated licensees was dismissed by the learned Single Judge by the order under appeal dated 09.12.2004. Hence, the present appeal. 7. We have heard the learned counsel appearing for both the parties. 8. The learned Single Judge opined that excise revenue is nothing but countervailing duty and thus held that the appellant /writ petitioner is liable to pay excise revenue even in respect of broken bottles after the bottles leave the bonded warehouse and prior to their reaching the vends of the retailers as is being done in the case of special duty. 9. The order of the learned Single Judge is assailed before us contending that the conclusion in the order under appeal that excise revenue can be equated to countervailing duty, is erroneous. It is contended by the learned counsel for the Appellant that the excise revenue is not a duty and has no nexus with the established principles of imposition of duty. Placing reliance upon Clauses 4 and 5 of the LPA 330/2005 Page 3 of 7

Tripartite Agreement entered into between the Corporation, the Commissioner of Excise and the appellant, it is submitted by the learned counsel that the appellant who is a wholesale licensee is liable to pay only special duty on transit wastage but not excise revenue. Pointing out that the Punjab Excise Act, 1914 has been amended by Act No.12 of 1979 w.e.f. 20.01.1979 by virtue of which special duty has been included in the duty on excisable articles, it is submitted by the learned counsel for the appellant that since the said amendment was not brought to the notice of the learned Single Judge, the conclusion in the order under appeal on the basis of the unamended provisions of the Act are erroneous and unsustainable. 10. We have also heard the learned counsel for the respondents and perused the material available on record. 11. The term excise revenue has been defined under Section 3(9) of the Act as revenue derived or derivable from any payment, duty, fee, tax, confiscation or fine imposed or ordered under the provisions of the said Act or any other law for the time being in force relating to liquor or intoxicating drugs but does not include fine imposed by court of law. It is clear from the definition itself that excise revenue includes not only the revenue derived but also the revenue derivable. It also specifically includes revenue from duty. 12. As we could see the contention of the appellant/petitioner before the learned Single Judge was that the excise revenue being a profit, it could not be recovered from the petitioner in case of broken bottles since if there is no sale, there would be no revenue/profit. The said contention was not accepted by the learned Single Judge observing: 39. A reading of the definition clauses under Section 3 of the Act would show that the concept of excise duty and countervailing duty has been referred to LPA 330/2005 Page 4 of 7

in sub-section 6(b) with reference to entry 51 of List II in the 7 th Schedule to the Constitution of India. Under sub-section (6) of Section 3 alcoholic liquor is an exciseable article. Under sub-section (9) of Section 3 excise revenue has been defined. The definition is wide to enclude any payment, duty, fee, tax, confiscation or fine imposed or ordered under the provisions of the Act of any other law for the time being in force. There is no doubt that there is a difference in the definition clauses but then excise revenue is a wider terminology than countervailing duty. The term excise revenue has, however, not being defined to include profits as contended by learned counsel for the petitioners. If all the definitions, terms are read together, it is apparent that excise revenue is a revenue of a particular kind arising from dues, fees, tax, fine etc., and the word payment has to be read along with such terms. I am thus unable to accept the plea that excise revenue is in the nature of a profit even though the same is a variable. The component of excise revenue is variable only on account of the fact that though the other components of the retail price are fixed, excise revenue would be the balance between the fixed components and the retail price. The retail price has also been fixed and has been kept at a particular level in view of a conscious decision of the Government for the last about two decades. The wholesale price would vary and accordingly the excise revenue would increase or decrease 13. After referring to various provisions of the Punjab Excise Act, 1914, Delhi Liquor License Rules, 1976 and Delhi Country Liquor Bonded Warehouse Rules, 1976 as well as the terms and conditions for grant of Form L9 license and following the law laid down in S.K. Pattanaik (Dead) through LRs Vs. State of Orissa & Ors., AIR 2000 SC 612, the learned Single Judge rejected the further contentions of the writ petitioner holding that: 43..I am in agreement with the submission of the learned counsel for the respondents that a reading of the relevant provisions of the Warehouse Rules makes it LPA 330/2005 Page 5 of 7

clear that once the consignment comes to the bonded warehouse, the Government must get its dues. Section 31 of the Act falls in Chapter V dealing with dues, fees and authorises duty of excisable articles. The fact that same has split into two dues being the special duty and excise revenue would not make any difference since basic principle is the same in respect of both and the principle of countervailing duty would apply in both the cases. The submission of bond only postpones the payment of both these levies and the bond is for a fixed amount and not for any particular levy. Excise revenue is really nothing but countervailing duty. 44. There are no principles of equality involved in such matters of taxation and duty and thus even in M/s Mohan Meakin Breweries Ltd. case (supra) the Supreme Court held that the duty was payable on liquor including what was manufactured and sent but did not reach the destination. These principles would also apply in the present case. 14. The above conclusion which is based on proper interpretation of the provisions of the Act and the Rules made thereunder, in our considered opinion, warrants no interference on any ground whatsoever. 15. It is no doubt true that the amendment to Punjab Excise Act, 1979 w.e.f. 20.01.1979 was not specifically referred to, however, the learned Single Judge had taken into consideration the corresponding amendment made to Rule 38 of the Delhi Country Liquor Bonded Warehouse Rules, 1976 vide Notification dated 18.04.1980. At any rate, according to us, the provisions of the Amendment Act have no bearing on the controversy in issue. In fact, by inserting the definition of duty and special duty under Section 3(5a) and Section 3(18) of the Act and also by substituting Section 31 of the said Act, the ambiguity regarding the liability to pay the excise revenue in addition to special duty has been clarified. We are, therefore, of the view that the conclusion of the learned Single Judge that LPA 330/2005 Page 6 of 7

appellant/writ petitioner is liable to reimburse the excise revenue also in addition to special duty cannot be found fault with. 16. For the aforesaid reasons, the appeal is devoid of any merit and the same is accordingly dismissed. No costs. CHIEF JUSTICE JANUARY 04, 2016 anb RAJIV SAHAI ENDLAW, J LPA 330/2005 Page 7 of 7