9911796707
TMI Blog2014 (4) TMI 914X X X X Extracts X X X X X X X X Extracts X X X X ..... is having its four sugar manufacturing units at Padrauna, Kathkuinya, Gauribazar and Marhowarh. M/s. Cawnpore Sugar Works Ltd. was declared sick by the B.I.F.R. in terms of 3 (1) (0) of S.I.C.A. (hereinafter referred to as the Act) on 01.02.1993 and IFCI was appointed operating Agency to formulate revival scheme. The Board For Industrial and Financial Reconstruction (in short BIFR) sanctioned a rehabilitation scheme on 31.12.19998. The said scheme failed on 28.09.2000 due to non-infusion of funds by the promoters with a further direction to issue an advertisement for change of management, but since no concrete proposal was received in respect of change of management, the BIFR on 10.05.2000 issued a notice for winding up of the company, but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the reply of the petitioner, respondent no. 1 issued an order to attach 300 bags of sugar lying in the godown and order dated 23.06.2010, attached 300 bags of sugar and the orders are being challenged through writ petition. Learned counsel for the petitioner submitted that under the scheme the petitioners were liable for the dues relating to the unit Padrauna and Marhowarh units and the other dues of the company were payable by selling other units namely Kathkuinya and Gauribazar. Further, the petitioner under the rehabilitation scheme sanctioned by BIFR, has taken over the management of Padrauna unit on 28.05.2005 and, therefore, in any view of the matter, the liability of Central excise prior to 28.05.2005 is not payable by the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above, the writ petition is disposed of directing the respondent no. 1 to adjudicate the issue whether the petitioner is at all liable for the payment of excise dues which accrued prior to 28th May, 2005. The petitioner is directed to file certified copy of this order before the Assistant Commissioner within a period of two weeks and the respondent no. 1 is directed to pass appropriate order in accordance with law after giving opportunity of hearing and considering the submissions of the petitioner by a reasoned order in accordance with law. In case, if on adjudication, it is found that the petitioner is not liable for the payment of any central excise dues, the securities furnished by the petitioner be discharged. X X X X Extracts X X X X X X X X Extracts X X X X
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