PAHARPUR PLASTICS GHAZIABAD Vs. COMMISSIONER CENTRAL EXCISE MEERUT

JUDGEMENT

(1.) HEARD Sri Devi Pal learned Senior Adv. assisted by Sri Pushkar Mehrotra learned Counsel for the petitioners and Sri G. R. Gupta learned Counsel for the respondents.

(2.) THE petitioner No. 1 is a Public Liability Company, the petitioner No. 2 is a shareholder and a Director. THEy are challenging the order dated 4-1-99 and 28-1-99 which are collectively annexed as Annexure-G to the petition issued by the respondent No. 1 under Section 90 (1) of the Finance Act, 1998 in respect of Kar Vivad Samadhan Scheme, 1998 and the orders dated 6-4-99 and 19-4-99 of respon dent No. 2 contained in the letter of respondent No. 3 dated 9-4-99.

(3.) THE Kar Vivad Samadhan Scheme contains provisions for quick and easy set tlement of the Tax dues. For availing the benefit of the Scheme it is necessary that the duty, interest, fine or penalty should be outstanding and the dispute in respect of the same should be pending on the specified date. The petitioner decided to avail of the Scheme and on 22-12-98 filed a declaration under the Scheme before the respondent No. 1. True copy of the declara tion and certain letters are annexed as Annexure-D to the petition. The petitioner also filed a separate declaration in respect of penalty as demanded by the authority.