Shah, J. - (1.) The respondent-company having a D-2 licence for manufacture of Indian Made Foreign Liquor from rectified spirit by blending, reducing and compounding Indian Made Foreign Liquor concentrate, challenged the levy of full costs of supervision and establishments of excise staff posted at its factory premises by filing M. P. No. 1456 of 1993 in the High Court of Madhya Pradesh at Jabalpur. By judgment and order dated 4-5-1993, the High Court quashed the levy of expenses incurred on supervision and establishment cost on the ground that Rule 22 of M. P. Breweries Rules, 1970 was struck down as ultra vires by this Court in case of M/s. Lilasons Breweries (Pvt.) Ltd. vs. State of Madhya Pradesh (1992) 3 SCC 293. In M/s. Lilasons Breweries (Pvt.) Ltd.s case, this Court arrived at the conclusion that Rule 22 to the extent it permits raising a demand, which in sum and substance is additional excise duty; without its being actually due, is ultra vires the Act and beyond the rule making power of the State.
(2.) Impugned judgment and order passed by the High Court is challenged by filing this appeal.
(3.) It has been pointed out that the High Court proceeded on a misconception that D-2 licences were issued under Rule 22 of the M. P. Breweries Rules, 1970. As a matter of fact, licenses were issued under Rules (IV) and (V) of the Distillery and Warehouse Rules. It is pointed out that Brewery Rules are not applicable to the unit of the respondent as it is not a brewery.;