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august 2015

Supreme Court of India · 2015-08-19

M/S MODERN HOTEL vs COMMISSIONER OF EXCISE .

Citation / case number
SC 2008/60070
Court
Supreme Court of India
Petitioner
M/S MODERN HOTEL
Respondent
COMMISSIONER OF EXCISE .
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's holding reinforces the statutory requirement for license renewal under the relevant excise rules.

M/S MODERN HOTEL vs COMMISSIONER OF EXCISE . · Niyam