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Bombay High Court Allows Petition in Excise License Renewal Case — State Cannot Deny Renewal Without Proper Notice and Hearing. Renewal of FL-3 license under Maharashtra Foreign Liquor Rules cannot be refused on grounds of pending criminal proceedings without affording opportunity of hearing.

The petitioner, John Distilleries Private Limited (formerly John Distilleries Ltd.), a company incorporated under the Companies Act, 1956, with its ma...

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"Supreme Court Clarifies Legislative Competence on Alcohol Regulation: Potable vs Industrial Alcohol" "A landmark judgment addressing the scope of State and Union powers on regulating alcohol under the Indian Constitution."

The Supreme Court of India revisited the legislative competence concerning the regulation of alcohol under the Constitution. The court examined whethe...

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Supreme Court Dismisses State's Appeal in Excise Duty Dispute Over Non-Potable Weak Spirit. State's Authority to Levy Excise Duty is Limited to Alcoholic Liquors for Human Consumption Under Entry 51 List II of the Constitution, While Non-Potable Spirit Falls Under Central Power Under Entry 84 List I.

The appeals arose from a common judgment of the High Court of Orissa, which allowed writ petitions filed by the respondent-company and set aside deman...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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High Court Dismisses Writ Petition for Refund of Excise Licence Fees Due to Delay and Laches. Claim for refund of Rs.2.86 Crores paid under Karnataka Excise (Rectified Spirits) Rules, 1967 for period 1997-98 to 2002-03 rejected as barred by delay and laches.

The petitioner, M/s. Kap Chem Limited, filed a writ petition under Article 226 of the Constitution of India seeking refund of Rs.2.86 Crores paid as l...

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Bombay High Court Dismisses Petitions Challenging Sales Tax on Furnace Oil Used as Fuel in Manufacturing. Furnace Oil Used as Fuel is Not 'Raw Material' or 'Input' for Production, Hence Not Exempt from Sales Tax Under Bombay Sales Tax Act, 1959.

The judgment pertains to a batch of writ petitions filed before the Bombay High Court challenging the levy of sales tax on furnace oil used by the pet...