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2012 (11) TMI 605 - HC - Central ExciseDetermination of Liability to pay Excise Duty - Following the decision of court in case of [New Horizons Ltd. and Anr. vs. Union of India and Others, 1994 (11) TMI 203 - SUPREME COURT OF INDIA] held that:- Doctrine of lifting veil, piercing the veil, peeping or seeing through the veil is invoked when the corporate personality is found to be opposed to justice, convenience or interest of Revenue and agree with him that Courts come to rescue of Revenue where subterfuge to it is caused inside corporate veil. In the present case GTC was controlling KCPL and JKCL beginning from manufacture till marketing of the goods. Such finding alone was enough to hold that GTC had gained at the cost of Revenue controlling the MRP and realised sale proceeds over and above the MRP declared - appellant was duty bound to deposit the amount of excise duty determined by CESTAT within a period of three months from the 25.04.2011, if it was interested in pursuing the present appeals - Since the appellant has failed to do so, the inevitably result of such failure is the dismissal of these appeals - grievance cannot be gone into by this Court, since the entire controversy has been settled by the Supreme Court as is evident from the above extract - appeals are accordingly disposed of.
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