Case Law Details
Brief of the Case
Supreme Court held In the case of Modern Hotels v CCE that the amount paid for the renewal of licence under Foreign Liquor Rules under the Amnesty scheme will be treated as an adjustment toward interest.
Facts of the Case
The appellant was having a FL-3 licence to run a bar attached to a hotel. The partnership firm was re-constituted on 01.10.1995. On 11.05.2001 the request of the appellant firm for renewal of its FL-3 licence was rejected by the Excise Commissioner on the ground that one of the partners had conducted abkari business in the year 1981-1982 and had incurred dues to the Government of Rs. 70 Lacs which had further grown on account of interest and until 50% of the abkari arrears pending at the time of renewal of the licence was cleared, the licence of the appellant could not be renewed.
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Yes you are right, when there is a huge accumulation toward the interest, then the amount paid will be adjusted towards it.
Hello, its a nice article. However, what I understood is that the amount paid prior to exercising the Amnesty scheme is treated as an adjustment towards interest in this case. Please clarify