STATE’S POWER TO TAX INDUSTRIAL ALCOHOL: POLITY

NEWS: SC Upholds States’ Power to Tax Industrial Alcohol in Landmark 8:1 Ruling       

 

WHAT’S IN THE NEWS?

The article discusses the Supreme Court’s ruling affirming states’ authority to tax industrial alcohol, reinforcing their control over revenue from intoxicating liquors.

Industrial Alcohol Definition:

  • Industrial alcohol is non-consumable (denatured) and used in pharmaceuticals, disinfectants, chemicals, and biofuels.

Supreme Court Ruling:

  • The Supreme Court ruled in an 8:1 majority that states can tax industrial alcohol, not just alcoholic beverages, increasing state revenue.

Key Constitutional Issue:

  • The case involved overlapping legislative powers in the Seventh Schedule of the Constitution.
  • Entry 8 (State List): States control intoxicating liquors.
  • Entry 52 (Union List): Centre regulates industries.

Court’s Majority Decision:

  • Chief Justice Chandrachud interpreted "intoxicating liquor" broadly, including both drinkable and industrial alcohol under state regulation to prevent misuse.

Dissenting Opinion:

  • Justice Nagarathna dissented, arguing industrial alcohol should be regulated based on its intended use, supporting central control over industries.

Previous Cases:

  • Synthetics & Chemicals Ltd v. State of Uttar Pradesh (1989): Limited states' power over industrial alcohol, granting central authority.
  • Ch Tika Ramji v. State of UP (1956): Affirmed states’ power to legislate on industries despite central laws.

Impact of Ruling:

  • Strengthened states' ability to raise revenue from both potable and industrial alcohol, clarifying their authority over intoxicating liquors.

Source: https://www.thehindu.com/news/national/supreme-court-verdict-on-centre-states-tussle-over-industrial-alcohol/article68785881.ece