2016 (8) TMI 707 - SCH - Central Excise

Liquidation of company - company do not have any money for payment - respondent submitted that even if this appeal is allowed and the Excise Department is held entitled to recover the amount, it would not be in a position to recover any amount - Apex Court for the aforesaid reason dismissed the appeal without going into the merits of the case.

Summary

The Supreme Court dismissed the civil appeals as the respondent-company is in liquidation with only Rs. 6,10,393.33 remaining with the official liquidator, making recovery impossible even if the Excise Department is entitled to it. The court did not delve into the merits of the appeal due to this reason, leaving the question of law open.