PONNI SUGARS (ERODE) LTD , REP BY ITS DEPUTY GENERAL MANAGER (ACCOUNTS) G LAKSHMINARAYANAN Vs. ASSISTANT COMMISSIONER OF CGST

JUDGEMENT

(1.) Mr.V.Sundareshwaran, learned Senior Standing Counsel accepts notice for the respondents. Heard both.

(2.) The petitioner is a public limited company incorporated under the provisions of the Companies Act, 1956, having a factory at Erode involved in the manufacture of sugar. Originally, there was a company by name M/s.Ponni Sugars & Chemicals Limited, incorporated in the year 1982, owned the sugar factory at Erode. The said M/s.Ponni Sugars & Chemicals Limited also set up a new factory in the State of Orissa. Subsequently, the factory at Erode was declared as a sick industrial company and with a view to protect the same, a Scheme of Arrangement was conceived. According to the said Scheme of Arrangement, the factory at Orissa would be owned and run by M/s.Ponni Sugars & Chemicals Limited and the Erode undertaking would be transferred to the petitioner. The Scheme of Arrangement sanctioned by this Court in C.P.Nos. 118 and 119 of 2000, by order dated 10.9.2001, provides for an effective date as 01.4.1999.

(3.) On 31.3.2005, the second respondent passed an Order-in-Original, which was with reference to the show cause notices dated 04.6.1993 and 03.6.1993, claiming service tax and other charges for the period November 1992 as well as December 1992 and January 1993 respectively. By the order dated 31.3.2005, the second respondent confirmed the demand in the show cause notices and directed payment of Rs.91,74,660/- and imposed a penalty of Rs.25 lakhs.