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august 2015

Supreme Court of India · 2015-08-19

M/S Modern Hotel vs Commissioner Of Excise & Ors

Citation / case number
AIRONLINE 2015 SC 346
Court
Supreme Court of India
Petitioner
M/S Modern Hotel
Respondent
Commissioner Of Excise & Ors
Author
Shiva Kirti Singh
Bench
Shiva Kirti Singh, Vikramajit Sen

Judgment text excerpt

The Supreme Court addressed the interpretation of the proviso to Rule 13A(5) of the Foreign Liquor Rules, which mandates that no defaulter of abkari arrears can renew their license without clearing 50% of the dues. The Court upheld the dismissal of the appellant's writ appeal, affirming that a partnership firm does not possess a separate juristic identity, and thus, the disqualification of any partner affects the firm's ability to renew its license. The Court noted that subsequent compliance with an Amnesty Scheme does not retroactively affect the legal standing of the prior disqualification under the rules.

M/S Modern Hotel vs Commissioner Of Excise & Ors · Niyam