Supreme Court Quashes Criminal Prosecution Against Company Granted Immunity Under S.32K Central Excise Act
3 months, 2 weeks ago

Supreme Court Quashes Criminal Prosecution Against Company Granted Immunity Under S.32K Central Excise Act

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The Supreme Court set aside the criminal prosecution against a company under the Customs Act, 1962, Central Excise Act, 1944 and Indian Penal Code from prosecution.The Appellant/Company having registered under the Companies Act, 1956 engaged in manufacturing and exporting of cosmetics and toilet preparations. The Supreme Court set aside the criminal prosecution against a company under the Customs Act, 1962, Central Excise Act, 1944 and Indian Penal Code from prosecution. As the very basis of the allegation of offence against the Appellant-Company was found to be nonexistent, it would have amounted to misuse rather abuse of the process of law.” The Court noted that the immunity from prosecution was granted to the Appellant on the note that there existed no fiscal liability on the Appellant towards the payment of CVD as the Appellant had made payment to the Revenue Authorities as per the demand made earlier for clearance of the concerned goods. Since, the Appellant was not required to pay the CVD based on MRP, but as per the invoice value that he had paid to the revenue authorities, therefore there existed no financial liability upon the Appellant and accordingly, the Order passed by the Special Judge, taking cognizance against the Appellant-Company, ought not to have sustained, the judgment authored by Justice Masih held.

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