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Case laws on excise -Urgent

(Querist) 23 January 2009 This query is : Resolved 
Dear sir,

I need a favourable case laws on "Duty paid goods despatched but retain in factory because of customer request to keep the material for enough space at his workshop-goods catched while visit of preventive branch,goods seized".

can anyone having judgment in favour of above subject.

arorars_05 (Expert) 24 January 2009
To increase the ASC of the company you have to complete the following formalities:

1. To issue Notice to the share holders for oridinary general meeting of the company and to pass oridinary resolution to increased the ASC of the Comapny.

2.Explanatory Statement Pursuant to SEC. 173 of the Companies Act, 1956 in respect of Notice dt... to increased the ASC.

3. board Resolution to approve the increase in ASC and to Amend the Capital Clause of of the MOA of the compay.
Rajesh Kumar (Expert) 24 January 2009
The seizure of goods by preventive is illegal and unjustified. They have no power to seize duty paid goods, even if it was kept in the factory itself. There is no provision in Excise Law which says that duty paid goods cannot be kept in the factory.
Raise these points. You are not liable for any duty payment. further, you have not violated any provision of law.

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