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2009 (9) TMI 711 - BOMBAY HIGH COURTDemand and penalty - Recovery from the Director - Personal liability - held that:- The settled position in law is that liability for duty of the company cannot be fastened upon the director of a company unless there is a statutory provision to that effect. Such an issue came up for consideration before this court in the matter of Sunil Parmeshwar Mittal v. Dy. (Recovery Cell), CE [2005 (8) TMI 116 - HIGH COURT OF BOMBAY], wherein the court took a view that liability of members is limited to the extent of face value of shares subscribed by each member and the amount remaining unpaid on them for time being, former director of the company cannot be held responsible for payment of liabilities of company in the absence of any specific provision. - We are of the opinion that duty demand of the company cannot be recovered from the director in the absence of statutory provisions in the Central Excise Act, 1944.
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