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TMI Blog2024 (5) TMI 982X X X X Extracts X X X X X X X X Extracts X X X X ..... , license holder in form L-10BB were entitled to run their business from branch office. It is only after issuance of aforesaid clarification dated 20.12.2023, condition of doing business from principal place of business came to be imposed as per condition No. 10.8 of Excise Policy for year 2023-24. Careful perusal of clarification issued by respondent-department vide communication dated 20.12.2020 reveals that after issuance of aforesaid communication, business in terms of license in form L-10BB could only be done in terms of condition No. 10.8(vi) of Excise Policy 2023-24, meaning thereby, after issuance of aforesaid clarification, L-10BB license holder are not permitted to function from the branches of departmental store, but there is nothing in the aforesaid announcements, especially detailed in condition No. 10.8 that prayer, if any made, for renewal of license in form L-10BB made on behalf of such of the licensees, who though earlier in terms of aforesaid license were doing their business from branch but had eventually decided to shift their branch to principal place of business, cannot be accepted. Reliance is also placed upon judgment by Principal Division Bench in MOHAN MEA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... policy (Clause 11.8). Aforesaid license though was initially issued in favour of petitioner-firm on 07.08.2021 in compliance to the Excise Announcements/Conditions/Clarifications issued from time to time, but subsequently, same was renewed for the year 2022-23 and 2023-24 (Annexure P-2 Colly). 4. Vide communication dated 02.08.2021 (Annexure P-3), it came to be clarified on behalf of respondent-State that if the gross annual turnover of the departmental store (inclusive of branches) is more than Rs. 2 crore, then only one license in form L-10BB shall be granted in respect of that departmental store or branch. Aforesaid clarification subsequently came to be withdrawn vide communication dated 20.12.2023 issued by respondent-department (Annexure P-4), where it came to be clarified that in supersession to all such past references/instructions/clarifications etc. regarding grant of license in form L-10BB, it is directed that the license in form L10-BB shall be granted strictly as per condition No. 10.8 of Excise Policy for the year 2023-24. 5. As a result of aforesaid clarification, license in form L-10BB granted in favour of petitioner as well as other similar situate persons was made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t while referring to condition contained in 10.8 of Excise Policy specifically called upon petitioner to explain that why licenses issued in form L-10BB may not be cancelled. 8. Petitioner filed detailed reply specifically clarifying therein that after issuance of clarification dated 02.08.2021, petitioner-firm had made an application for amendment of GST Registration Certificate, thereby expressing its intention to carry on business of L5 10BB from principal place of business. In afore reply to the showcause notice, petitioner specifically apprised authority that renewal fee to the tune of Rs.10 lac already stand deposited. 9. Collector (Excise)-cum-Joint Commissioner of State Taxes Excise, Central Zone, Mandi, District Mandi, being not satisfied with the reply filed by petitioner to the show-cause notice dated 23.03.2024, passed order dated 30.03.2024 (Annexure P-9), wherein prayer made on behalf of the petitioner for renewal of license for the year 2024-25 came to be declined. 10. Being aggrieved and dissatisfied with aforesaid order passed by Collector (Excise)-cum-Joint Commissioner State Taxes Excise, Central Zone, Mandi, District Mandi, petitioner herein filed appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even after change of place of business from branch to principal place of business, in terms of clarification dated 02nd August, 2021. 14. While referring to condition No.(x) of Clause 10.8 for the year 2023-24 and condition No.9.8 for the year 2024-25 of the Policy, wherein condition of minimum distance of 50 meters between the L-10BB and L-2 vend has been provided. Mr. Vaidya invited attention of this Court to Rule 19-A of The Himachal Pradesh Liquor license Rules, 1986, to state that aforesaid rule prescribes for issuance of license in form L-10BB subject to certain conditions, but if conditions given under aforesaid rule are perused, it nowhere talks about requirement of minimum distance between L-10BB and L-2 vend. He submitted that till the time, aforesaid Rule 19-A is not amended, condition with regard to minimum distance between L10-BB and L-2 vend, as provided under Clause 10.8 of Policy for the year 2023-24 and condition No.9.8 for the year 2024-25 of Excise Policy may not have any relevance. 15. Lastly, Mr. Vaidya, while making this Court peruse the impugned order, vehemently argued that once sole reason given for non-renewal of license in form L-10BB is/was that busines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tinuously till financial year 2023-24. It is also not in dispute that prior to issuance of clarification dated 20.12.2023 (Annexure P-4), license holder in form L-10BB were entitled to run their business from branch office. It is only after issuance of aforesaid clarification dated 20.12.2023, condition of doing business from principal place of business came to be imposed as per condition No. 10.8 of Excise Policy for year 2023-24. 19. At this stage, it would be apt to take note of clarification issued by respondent-department vide communication dated 20.12.2020 (Annexure P-4), which reads, as under: Subject: Withdrawal of clarification/instruction with regard to the license in form L-10BB. Sir, It is intimated that in supersession to all such past references/instructions/clarification etc. regarding grant of license in form L-10BB, it is hereby directed that the license in form L-10BB be granted strictly as per condition No. 10.8 of Excise Policy for the year 2023-24. Further, Collector (Excise)/Distt. Incharges are directed to immediately take action as per condition/clause 10.8 of Excise Policy 2023-24 specifically as per condition No. 10.8(vi) of Excise Policy 2023-24 for adher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce with effect from 14.03.2024, on which date, application was made for amendment. In this regard, reliance is placed upon Rule 19 of Himachal Pradesh Goods Services Tax Rules, 2017, which reads as under; Rule 19 Amendment of registration (1) Where there is any change in any of the particulars furnished in the application for registration in FORM GST REG-01 or FORM GST REG-07 or FORM GST REG-09 or FORM GST REG-10 or for Unique Identity Number in FORM GST-REG-13, either at the time of obtaining registration or Unique Identity Number or as amended from time to time, the registered person shall, within a period of fifteen days of such change, submit an application, duly signed or verified through electronic verification code, electronically in FORM GST REG-14, along with the documents relating to such change at the common portal, either directly or through a Facilitation Centre notified by the Commissioner: Provided that (a) where the change relates to,- (i) legal name of business; (ii) address of the principal place of business or any additional place(s) of business; or (iii) addition, deletion or retirement of partners or directors, Karta, Managing Committee, Board of Trustees, Chie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise Policy, as detailed hereinabove, Mr. Kahol attempted to argue that otherwise also, prayer made on behalf of the petitioner for grant of license cannot be allowed. However, this Court having taken note of the fact that license form L-10BB is granted in terms of Rule 19-A of The Himachal Pradesh Liquor License Rules, 1986, wherein no such condition of distance, if any exists, sees no reason to accept the aforesaid contention of Mr. Kahol, who during arguments fairly admitted that till date, no amendment has been made in Rule 19-A. 22. At this stage, it would be apt to take note of Rule 19-A of The Himachal Pradesh Liquor License Rules, 1986. 19-A. A license in form L.10-BB shall be granted to a person, only if he fulfills the following conditions:- [(i) He should be the owner of the shop like reputed departmental store etc, falling in Urban area only, located at a prominent place or in a main bazaar with sufficient floor area and storage capacity.] [(ii) He should be a registered dealer under the H.P. General Sales Tax act, 1968/H.P. VAT Act, 2005 for a period of not less than last five years and should have the gross turnover of Rs. 50 lacs per annum and must be paying tax not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wal of an existing license. According to the official respondents, the case of the 5th respondent was one of renewal and not of a grant for the first time. Therefore, the Rule could not have been applied to a renewal. 32. Interestingly, the prescription regarding the minimum floor area of 1000 square feet was also incorporated only under the amendment Notification dated 11.4.2019. The Rule regarding minimum floor area reads as follows: (ii) The L-10BB license shall in future be granted/renewed in Urban areas only to the departmental store with minimum floor area of 1000 14 square feet and the condition of minimum floor area will not apply to the existing licenses. 33. It may be seen from the above rule prescribing a minimum floor area that it speaks both about the grant and about the renewal. That is why the last line of the above Rule says that the condition will not apply to the existing licenses. Since the Rule relating to minimum annual turnover speaks only about the grant and not about the renewal, there was no necessity for incorporating in the Rule relating to minimum annual turnover, a prescription as found in the last line of the Rule relating to minimum floor area. Theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rounds etc. The only grievance of the petitioners as seen from the averments contained in para 17 of the writ petition is that it is very close to the L-2 vend of the petitioners and is located just 25 meters from the vend of the petitioners. No Rule is brought to our notice that there is a prohibition for the grant of L-10BB licenses for a departmental store located at a particular distance from a L-2 vend. Unless the petitioner is able to plead and establish that the grant/renewal was in violation of the distance parameters stipulated in the amended Rule 19-A, the third ground of attack cannot be accepted. 23. Reliance is also placed upon judgment by Principal Division Bench in CWP No. 5232 of 2014 along with connected matters, M/s Mohan Meakin Ltd. Vs. State of H.P. Ors., wherein it specifically came to be ruled that till the time, amendment is not made in the Rules, the conditions contained in Excise Policy cannot be enforced, especially when same is in contradiction with the provision contained in the Rules. Relevant Paras of the aforesaid judgment read, as under:- 111. In any case, once a statutory rule imposes an obligation to lift the minimum guaranteed quota and once the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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