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"Supreme Court of India Resolves Complexities in Taxation of Mineral Rights" "Judgment Clarifies Legislative Powers and the Nature of Royalty in Mining Sector"

The Supreme Court of India addressed a significant dispute regarding the distribution of legislative powers between the Union and the States, specific...

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High Court of Karnataka Quashes Excise Commissioner's Order in CL-9 License Shifting Dispute — Violation of Natural Justice. Appellate Authority's Reversal of Shifting Permission Set Aside for Lack of Notice and Hearing to Licensee.

The petitioner, S.B. Manjunath, a CL-9 licensee running Moon Star Bar and Restaurant in Honnalli Town, Davanagere District, applied on 19.01.2024 unde...

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Karnataka High Court Upholds Cancellation of CL-2 Liquor License for Violation of Distance Norms Under Karnataka Excise Act, 1965. License Granted in Contravention of Rule 8(2) of Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 Set Aside.

The case involves two writ appeals arising from a common order dated 07.09.2022 passed by a learned Single Judge in Writ Petition No.50353/2019. The a...

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Supreme Court Quashes Cognizance in Bihar Excise Case — Private Vehicle Not a Public Place Under Section 53(a) of Bihar Excise (Amendment) Act, 2016. Consumption of liquor in a private vehicle does not constitute an offence under Section 53(a) as the vehicle is not a 'public place' under the Act.

The appellants, all Rotarians, were travelling from Giridih, Jharkhand to Patna, Bihar in a private vehicle to attend a Rotary Club meeting on 25.06.2...

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Bombay High Court Allows Petition Challenging Interest Demand on CLIII License Renewal Fee. Excise Department Cannot Levy Interest Without Specific Statutory Provision Under Maharashtra Excise Act, 2002 or Bombay Foreign Liquor Rules, 1953.

The petitioners, Maheshprasad Dwarkadas Jaiswal and Rajeshwar Dwarkadas Jaiswal, are CLIII license holders for a liquor shop at Shahabazar, Aurangabad...

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Bombay High Court Dismisses Appeal in Customs Case — Conversion of Shipping Bill from DEEC to Drawback Scheme Denied. CBEC Circular No. 4/2004 requires prior denial of DEEC benefit by DGFT or Customs; mere inability to utilize advance license does not qualify.

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

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Bombay High Court Dismisses Appeal in Customs Case — Conversion of DEEC Shipping Bill to Drawback Scheme Denied. CBEC Circular No. 4/2004 Mandates Prior Denial of DEEC Benefit by DGFT or Customs Authorities, Which Was Not Established.

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...