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Company Liable for Excise Duty on Liquor Lost in Fire; Negligence Cited Under Excise Manual Rule 709.

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Full Text of the Document

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....Levy of excise duty on the liquor destroyed in fire - Demand raised against the writ petitioner company (respondent herein) towards loss of excise revenue because of destruction of liquor in fire - As noticed, the incident in question had not been because of any forces of nature and cannot be said to be an ‘act of God’. - Even if the present case is taken to be that of inadvertence or of unintentional omission on the part of the respondent company, it would fall within the definition of “negligence” for the purpose of Rule 709 of the Excise Manual. - SC....