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september 2021

Supreme Court of India · 2021-09-06

Assistant Excise Commissioner, ... vs Esthappan Cherian

Citation / case number
AIR 2021 SUPREME COURT 4214
Court
Supreme Court of India
Petitioner
Assistant Excise Commissioner, ...
Respondent
Esthappan Cherian
Author
S. Ravindra Bhat
Bench
Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi

Judgment text excerpt

The Supreme Court upheld the Kerala High Court's decision to quash the demand for excise duty from the licensee after the cancellation of their liquor license. The court found that the state had not followed due process in cancelling the license and demanding payment, as the licensee had not been given a fair opportunity to respond to the allegations of default. Consequently, the court ruled in favor of the licensee, emphasizing the importance of adhering to procedural fairness in administrative actions.

Assistant Excise Commissioner, ... vs Esthappan Cherian · Niyam