kitply industries ltd extinguishment

2★ 21. On or about 24.2.84 the officers of the Directorate of Revenue and Intelligence, along with officers of the respondents searched the business premises of the then HPI and SPI and the Directors and seized large number of documents in exercise of powers under the provisions of the Central Excise Act, 1944 and the Rules framed there under. Kitply Industries Ltd. (KITPLYIND) - Company History Promoted by S P Goenka, Kitply Industries (formerly Sudershan Plywood Industries) went public in Aug.'85. The respondents have also stated that as per the direction of this Court contained in the order dated 19.12.97 passed in the second round of litigation i.e. Significantly, in this letter, the respondents indicated that the petitioner had already completed Xeroxing of documents on the basis of which the show cause notices had been issued. The respondents have filed their counter affidavits. It is the only plywood company that figures in the list of Consumer Super Brands of India. The penalty has been imposed in terms of the provisions of Rule 173 (q) of Central Excise Rules, 1944. Kitply Industries Ltd: Kitply Industries Limited is the leading plywood manufacturing company in India with an employee total of 10000. In Union of India Vs. Tulsiram Patel reported in (1985) 3 SCC 398, the Apex Court held: 46. They must yield to and change with existence of situation. However, in the process they have conveniently ignored the stand of the respondents in their counter affidavit. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. According to the petitioner non-supply of the copies of the said documents deprived them of filing the effective show cause replies and the respondents could not have passed the impugned orders without providing the petitioner the reasonable opportunity of being heard. The company’s in-house research and technology ensures not just consistency in product quality but also continuous improvements in products, processes, and application areas. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blackboard. Kitply is India's foremost manufacturer of plywood and blockboard. (ii). 2. The company proposed to plant 5 lakh kadam plants each year in these two states. 34. Having a workforce of about 1000+ employees, it caters to a countrywide distribution network of over 300+ dealers. P.K.Goenka in 1982 in Assam, India. The board of directors at its meeting held on May 30, 2013 has approved for the same. It is the only plywood company that features in the list of Consumer Super Brands of India. The petitioner through its representative made Xerox copies of the documents seized by installing their own Xerox machine and the task of xeroxing the documents had begun in June, 1986. Vs. Union of India all the three writ petitions were allowed by setting aside and quashing the show cause notices. In case of any confusion, feel free to reach out to us.Leave your message here. 10 OF 2002 California Pacific Trading Corporation, A Corporation incorporated under the laws of the State of California, United States of … He submitted that going by the sequence of events, the petitioner all along made all out efforts to escape from the liability. Kitply industries limited with CIN U20211AS1982PLC001969, is a 38.1 Years old, Public Indian Non-Government Company, registered at MARGHERITA (Assam), with a paid up capital of ₹1.00 Cr. It’s commitment to environment-friendliness, its high ethical standards in business dealings and its on-going efforts in community welfare programmes has won acclaim as a responsible corporate citizen. 4★ (PJ) Indian Oil Corporation Ltd.). California Pacific Trading Cor vs Kitply Industries Ltd on 2 May, 2011. Prabhakar, reported in (2004) 5 SCC 551 and so also in the case of Rajureswar Associates Vs. State of Maharastra reported in (2004) 6 SCC 362. There is no dispute at the bar that alternative statutory remedy by way of preferring appeals against the impugned orders was available to the petitioner under the provisions of the Central Excise Act, 1944. 168,169 and 170 of 1995 and the writ appeals were allowed by judgment and order dated 9.4.1997 as reported in 1997(2) GLT 01 Union of India & Ors. As noticed above, the writ petitions were entertained, keeping the question of maintainability open, in view of the alternative remedy available to the petitioner. 650/1987; 856/1987 and 1072/1987 respectively. It was only thereafter the impugned order dated 31.10.2001 was passed. Thus, on the basis of the materials on record, I am of the considered opinion that the petitioner cannot take the plea of non-supply of documents by initiating further proceedings after conclusion of the first proceeding referred to above. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Mr. B. Sarma, learned Central Government Standing Counsel supporting the impugned action and the orders passed by the respondents submitted that the petitioner having been provided with all reasonable opportunity to get the documents either examined or to take copies of the same, the plea of non-supply of the documents is just to make out a case so as to absolve the petitioner from the liability to pay huge excise duty. change. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. The main objective of the company is to manufacture various grades of plywood, black boards, flush doors, technical grade specialty plywood, etc. provisions of Rule 9(1), read with 173F, 173B, 173C, 173 G (l) & (4) read with Rule 53 and Rule 226 of Central Excise Rules, 1944. provisions of Section 11A of the Central Excise Act, 1944 read with Rule 9 (2) of the Central Excise Rules, 1944. provisions of Rule 173 (q) of Central Excise Rules, 1944. A seasoned entrepreneur, Amrit Mansahia is the CFO of Kitply Industries, one of the fastest growing wholesale distributors of hardware and plywood in Western Canada. University of Cambridge 18). In the case of Bar Council of India Vs. High Court of Kerala, the Apex Court observed: "24. According to the show cause notices, the petitioner in each of the cases evaded Central Excise Duty to the extent of Rs. Since the Department is not in a position to make photocopies these voluminous documents, I have allowed the party to bring their own machine and take photocopies of these documents in the presence of an Inspector at their cost either in the new building or old building, wherever facilities are available from 26th November onwards. 41,35,714/- and Rs. Such an interim order was passed on the basis of the Miscellaneous Applications filed by the petitioner in the respective writ petitions. Mr. Sarma, learned CGSC, apart from the aforesaid submissions also seriously argued and raised the question of very maintainability of the writ petitions in view of there being alternative remedy by way of an appeal against the impugned orders. The specific plea of the respondents in paragraph 22 of the counter affidavit that by letter dated 2.3.87, the petitioner was intimated about completion of taking Xerox copies of the seized documents on the basis of Which the show cause notices had been issued; that the petitioner again inspected and took copies of the records on 18.12.87 and 29.1.88 and accordingly Additional Collector directed them to file reply on 25.9.88; that the petitioner took photocopies/Xerox copies of the documents from 4.12.90 to 7.12.90 and again from 20.2.91 to 22.2.91; that they were asked to file reply within October, 1991 and again by 7.2.92 and once again by 6.6.97 have not been denied by the petitioner. Mr. H. Roy, learned Sr. The company is engaged in manufacturing of decorative laminates, blockboard, plywood and adhesive for making furniture, interior designs and office furniture. National Plywood Industries Limited, India’s premier manufacturer of plywood, block boards and flush doors, is synonymous with exceptional quality of products and unparalleled service to its distributors, dealers and customers alike. However, this time they made a further request for granting three months time for furnishing the replies to the show cause notices on completion of the examination of records. In such a situation, it cannot be said that the petitioner and for that matter their representatives could not examine the relied upon documents or could not take copies thereof. 23. The other decisions on which the learned counsel for the petitioner placed reliance are all on the question of violation of the principles of natural justice. In the case of Ajit Kumar Nag (supra), on which the learned counsel for the respondents placed reliance, the Apex Court dealing with the rule of audi alteram partem, observed thus: "44. Rule 233 A of the Central Excise Rules, 1944. 2 is engaged in the business of manufacture and sale of Plywood products. Kitply has also previously extended its services overseas to the Middle East, Nepal, Bangladesh and Pakistan. 500,000,000 and its paid up capital is Rs. The principles of natural justice, it is trite, cannot be put in a straightjacket formula. It is also well settled that if a party after having proper notice chose not to appear, he at latter stage cannot be permitted to say that he had not been given a fair opportunity of hearing. Became a public limited company on 1st April, 1985. It has been stated "to do a great right" after all, it is permissible some time "to do a little wrong" (Per Mukherjee C. J. in Charan Lai Saho Vs. Union of India 19 Bhupal Gas Disaster) SCC/ 9 /705 Para 124). Thus, both on merit of the contentions raised in the writ petition as well as on ground of there being alternative remedy by way of appeals against the impugned orders, all the writ petitions fail. It manufactures plywood and particle boards and markets them under the Kitply and Swastik brands. They will depute suitable officers for this and ensure that the documents are taken and replaced by the officer who will be responsible for its safe custody. It is on the strength of the interim orders passed by this Court, the impugned orders have not been implemented till date. While interpreting legal provisions a court of law cannot be unmindful of the hard realities of life. Reviews. 7. The company intends to be completely self-reliant in timber procurement by way of Agro-forestry and hence, build long term value for the society at large. Kitply Industries Ltd. Stock Price: Get the latest news & announcements of Kitply Industries Ltd., Kitply Industries Ltd. Balance Sheet, Kitply Industries Ltd. Shareholding pattern, Kitply Industries Ltd. Cash Flow, Stock Quotes, Market Cap, Charts, Annual Financial Statements, Dividend, Net Profit Margin, Return on Assets & Stock Quotes on Zee Business. 29. God did not pass sentence upon Adam and Eve before giving an opportunity to show cause as to why they had eaten the forbidden threat. After the judgment in the writ appeal delivered on 9.4.97, the petitioner once again approached this Court by way of filing the writ petition being Civil Rule No. The petitioner made further request for granting more time permitting them to make the Xeroxing of the documents at the end of February, 1987 on the plea that the climatic condition of Shillong is not suitable in December and January. There is no denial of the fact that the petitioner installed their own Xerox machine in the office of the respondents for the purpose of getting the copies of the documents. 10,000,000. Thus, the proceedings initiated during 1985-87 by way of issuance of the three show cause notices are yet to take the final shape, even after elapse of long 20 years, out of which, long 15 years have consumed in legal proceedings initiated by the petitioner. 12. The company started manufacturing various grades of plywood from 1986 at its factory is Assam. The prayer of the petitioner for a final decision in the matter was also recorded in the order. P.K.Goenka in 1982 in Assam, India. It was founded by Shri. The company was originally incorporated on 26th August 1982, in Assam as Sudershan Plywood Industries Private Ltd. a leading company of the S.P.Goenka Group. Sri S. K. Dheer, M/s Kitply Industries Ltd. 2. 6. Before confirming, please ensure that you have thoroughly read and verified the judgment. He also placed reliance on the two decisions, which are (2003)2 SCC107 (HarbanslalSangia Vs. Indian Oil Corporation Ltd.) and (2005) 7 SCC 764 (Ajit Kumar Nag Vs. G.M. Kitply Industries Limited manufactures plywoods & boards, particle boards, veneer, sawn timber, timber logs, teak logs, tea-chests and laminates. 22. Having a workforce of about 1000+ employees, it caters to a countrywide distribution network of over 300+ dealers. The above principle has been reiterated by the Apex Court in the case of Transmission Corporation Vs. Ch. Manufacturer of plywood and blockboard. Coming to the question as to whether the writ petitions are maintainable in view of the alternative remedy being available to the petitioner, as observed above, the question was left open to be decided, while issuing notice on the writ petitions. Kitply has included commitment to environmental protection as one of its corporate objectives with the Kitply Agro Forestry Project. The decisions on which Mr. Roy, learned Sr. 41. In your opinion, the approach of the Court in dealing with such cases should be pragmatic rather than pedantic, realistic rather than doctrinaire, functional rather than formal and practical rather than "presidential". At the very outset they have stated about the alleged illegalities committed by the petitioner. It was only after their unsuccessful first round of litigation, they come up with the plea before this Court. In this connection, the relevant note, dated 16.11.90 of the Additional Collector, by which representative of the petitioner was authorized to bring their own Xerox machine and to take photocopies of the documents is quoted below: Sri S. K. Dheer of M/s-Kitply Industries Limited requested for taking photocopies of certain documents seized in connection with various show cause notices issued to them in the past to enable them to reply to the said show cause notices. The other two show cause notices, the Additional Collector ( TECH ) Customs & Central Excise,... 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