GOPAL INDUSTRIES LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) Applicants filed this application for waiver of pre -deposit of duty of Rs. 46,53,866/ - and penalty of equal amount on the Firm.

(2.) The demand was confirmed on the ground that applicants cleared the final product without payment of duty.

(3.) The contention of the applicants is that the firm Gopal Industries Ltd. was dissolved on 31 -3 -2001 and the show cause notice was served on one Shri Giresh Kumar Rai whereas Shri Giresh Kumar Rai resigned from Gopal Industries Ltd. on 21 -1 -2001. No notice was served on the applicants. The contention of the applicants is also that no demand can be raised against the dissolved firm. We find that demand was raised on the basis of private record recovered from the premises of the Firm. The applicants also approached the Hon'ble Madhya Pradesh High Court challenging the action taken by the adjudicating authority on the ground that the Firm is no more in existence and the Hon'ble High Court directed the partners of the Firm to file reply to the show cause notice before the adjudicating authority and after considering the reply filed by the partners passed the impugned order.