The Asst.Commissioner of Central Excise, v. M/s.Garvee Granited Limited.
Case brief
What is this about?
On a company appeal filed by the Assistant Commissioner of Central Excise, the court dismissed the appeal as it rejected the appellant's claim. The court held that an assessment order passed after the winding-up order without prior court leave under Section 446(1) of the Companies Act, 1956 cannot be admitted as a valid claim against the liquidated company.
What did the court decide?
The claim of the appellant for Rs. 72,49,540/- upon the company in liquidation was held invalid and rejected.