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.